Safety and Communities Committee
November 18, 2024

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www.modestogov.com
AGENDA
City of Modesto

SAFETY AND COMMUNITIES COMMITTEE

COUNCIL WORKSHOP
2001-40 Del Puerto Room.

Tenth Street Place, 1010 10th Street
Modesto, California
Monday, November 18, 2024 at 4:00 PM
Roll Call: Rosa Escutia-Braaton, Chair
Jeremiah Williams, Vice-Chair
Chris Ricci, Member
Alternates: Eric Alvarez, Nick Bavaro, David Wright, Sue Zwahlen Council has not delegated directive or final approval authority to the Committees.

Committee actions are recommendations to the full City Council, not final decisions on an issue. * Public Comment will only be in-person. Members of the public who wish to address the Committee, by providing public comment, during the meeting must do so in-person in the 2001-40 Del Puerto Room. As an alternative, members of the public may also provide written public comment submitted via email as indicated in the Submitting Comments by Email instructions on this agenda. Zoom will still be available for viewing and Wordly translation. *Members of the public will be allowed to provide public comment through Zoom if a Committee Member is participating remotely pursuant to the provisions of Assembly Bill 2449. *Effective March 1, 2023, if a technical issue arises with Zoom or the phone dial-in option, the Committee meeting will continue unless the meeting is being held pursuant to the provisions of Assembly Bill 2449. Alternative viewing options are listed below and the meeting is physically open to the public.
“Wordly” can translate into 25+ different languages! To access written translation during the meeting, please scan the QR Code or click this link https://attend.wordly.ai/join/RJDY-6364.
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"Wordly" puede traducir a más de 25 idiomas diferentes! Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace https://attend.wordly.ai/join/RJDY-6364.

You may observe a livestream of the meeting at http://media.modestogov.com. You may also view or listen to the meeting as indicated below.

THE MEETING CAN BE VIEWED BY ZOOM VIDEO

CONFERENCING OR TELEPHONE
Joining the Committee meeting via Zoom
The City of Modesto is now offering the ability to view Committee meetings via telephonic conferencing via “Zoom” video conferencing computer technology. The meeting may be accessed through the use of Zoom using the following options:
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Joining the Committee meeting via Telephone
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PUBLIC COMMENTS IN PERSON
Three-minute time limit per speaker.

Only interested persons in the audience may present these matters. Under State law, Committee Members may respond to matters being presented under this item only as follows:
a. Briefly respond to statements made or questions raised. b. Ask a question for clarification.
c. Provide a reference to staff or other resources for factual information. d. Request staff to report back at a subsequent meeting. e. Finally, a Committee Member or the Committee itself may take action to direct staff to place a matter of business on a future agenda.

SUBMITTING COMMENTS BY E-MAIL
Written comments may be submitted via email to: [email protected] (include Agenda Item Number in the subject line). All comments will be shared with the Committee - 2 -
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Members and placed in the record but will not be read aloud during the meeting. Written comments must be received two hours before the meeting.

This Agenda is on file in the City Clerk’s Office, Sixth Floor, 10th Street Place, Posting Board at entry of 10th Street Place, and is available on the City’s Web site at www.modestogov.com.

Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the Clerk’s office during normal business hours. Such documents are also available online, subject to staff’s ability to post the documents before the meeting, at the following website www.modestogov.com/councilmeetings In accordance with the requirements of Title II of the Americans with Disabilities Act (“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of 1973 (as amended), Government Code section 11135 and other applicable codes, the City of Modesto (“City”) will not discriminate against individuals on the basis of disability in the City’s services, programs, or activities. For more information, please visit the City of Modesto website at https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (209) 577-5396. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting
Any and all of the following agenda items are subject to action by the Modesto City Council.

CONSENT ITEMS – ROLL CALL VOTE REQUIRED:

Information concerning the consent items listed below has been forwarded to each Committee Member prior to this meeting for study. Unless some member of the audience or Committee Member has a question concerning an item and asks that it be withdrawn from the consent list, the Committee approves the items at one time. The action taken by the Committee in approving consent items is set forth in the explanation of this individual item.

CONSENT
An item may be removed from consent and discussed at the request of an audience member or Committee member.

Consent

1. Consider a Lease Agreement with William Brent Burnside, DBA Burnside Management Team, Modesto, CA, for use of Fenced Parking Lot for a total amount not to exceed $188,016 over four years and forwarding to Council for approval. (Funding Source: General Fund)
 Motion recommending a Lease Agreement with William Brent Burnside, DBA Burnside Management Team, Modesto, CA, for use of Fenced Parking Lot for a four-year Agreement, for an annual estimated amount of $47,004, and a total - 3 -
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amount not to exceed $188,016 over four years; and forwarding to Council for approval.

POLICE DEPARTMENT; Jessica Smart, 209-572-9500, [email protected] Consent

2. Consider the Plans and Specifications for Tuolumne River Regional Park River (TRRP) Pavilion & Learning Theater Project, accepting the Bid and Awarding a Construction Contract to Westside Landscape & Concrete, Inc. of Newman, CA., in the amount of $552,925 authorizing $44,234 for contingency (if needed), for a total payment amount not to exceed $597,159 and forwarding to Council for approval. (Funding Source: Various Funds)
 Motion recommending approval of the Plans and Specifications for the Tuolumne River Regional Park (TRRP) Pavilion & Learning Theater Project, accepting the Bid and Awarding a Construction Contract to Westside Landscape & Concrete, Inc. of Newman, CA., in the amount of $552,925 authorizing $44,234 for contingency (if needed), for a total payment amount not to exceed $597,159, and authorizing the City Manager, or his designee, to execute the Agreement, and forwarding to Council for approval.  Motion recommending amending the Fiscal Year 2024-25 Capital Improvement Program budget to fund Project #101135 (TRRP River Pavilion) in an amount not to exceed $64,002 in transfers, revenue, and to budget expenditures to fund the project, and authorizing the City Manager, or his designee to implement the provisions of this Agreement and forwarding to Council for approval.

PRN; Ken Peterson, 209-571-5573, [email protected]

NEW BUSINESS

3. Consider an Agreement with Berry, Dunn, McNeil, & Parker LLC, Portland, ME, to prepare the Parks and Recreation Master Plan for an amount of $383,350, plus $38,335 for additional services, if needed, for an Agreement total not to exceed $421,685 and forwarding to Council for approval. (Funding Source: Measure H)  Motion recommending an Agreement with Berry, Dunn, McNeil, & Parker LLC, Portland, ME to prepare the Parks and Recreation Master Plan for an amount of $383,350, plus $38,335 for additional services, if needed, for an Agreement total not to exceed $421,685 and forwarding to Council for approval.

PRN; Diane Sheatsley, 209-577-5418, [email protected]

4. Consider the Plans and Specifications for The Awesome Spot Playground, Phase 1A, accepting the Bid and Awarding a Construction Contract to Westside Landscape & Concrete, Inc. of Newman, CA., in the amount of $738,868 authorizing $73,887 for contingency (if needed), for a total payment amount not to exceed $812,755, and forwarding to Council for approval. (Funding Source: Various Funds)  Motion recommending the Plans and Specifications for The Awesome Spot Playground, Phase 1A, accepting the Bid and Awarding a Construction Contract to Westside Landscape & Concrete, Inc. of Newman, CA., in the - 4 -
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amount of $738,868 authorizing $73,887 for contingency (if needed) for a total payment amount not to exceed $812,755, and forwarding to Council for approval.

PRN; Ken Peterson, 209-571-5573, [email protected]

ADJOURNMENT
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on at by
date time signature
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

November 18, 2024
Date: September 27, 2024
TO: Safety and Communities Committee
Rosa Escutia-Braaton, Chair
Jeremiah Williams, Vice-Chair
Chris Ricci, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Brandon Gillespie, Chief of Police
SUBJECT: Parking Lot Lease with William Brent Burnside, DBA Burnside Management Team CONTACT: Jessica Smart, Police Administrator, [email protected], 209-572-9500 DESCRIPTION:

Consider a Lease Agreement with William Brent Burnside, DBA Burnside Management Team, Modesto, CA, for use of Fenced Parking Lot for a total amount not to exceed $188,016 over four years and forwarding to Council for approval. (Funding Source: General Fund) STRATEGIC PLAN ELEMENT:

The recommended action supports the City’s (2020-2025) Strategic Plan for Quality of Life by increasing pride in Modesto’s diverse neighborhoods and business districts through beautification efforts and by investing in community assets and amenities.

BACKGROUND:

Police services are a 24-hour, 7 day per week operation, requiring employees to come and go at all hours of the day and night. With approximately 350 employees who work at the department, viable parking alternatives are difficult to come by in close proximity to the department facilities. In 2015, Department staff became aware that the parking lot on the corner of 11th and F Street, formerly used by Stanislaus Implement & Hardware Co. LTD, was available and inquired.

On March 24, 2015, by Resolution No. 2015-98, Council approved a Lease Agreement with Stanislaus Implement & Hardware Company, LTD for the use of its parking lot for $1,000 per month on a month-to-month basis. Several changes were requested by Stanislaus Implement & Hardware Company, LTD and Council approved the revised Parking Lot Lease with Stanislaus Implement & Hardware Co., LTD on May 5, 2015, by Resolution No. 2015-138, ultimately rescinding Resolution No.2015-98.

On July 6, 2017, the property owner contacted the City regarding a desire to amend only the payment amount in the current lease agreement. At that time, the property owner requested an #1..
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Safety and Communities, Committee, November 18, 2024
Parking Lot Lease with William Brent Burnside, DBA Burnside Management Team

increase from $1,000 to $1,500, effective September 1, 2017. On October 3, 2017, by Resolution No. 2017-386, Council approved an increase from $1,000 to $1,500, effective September 1, 2017.

On September 10, 2019, William Brent Burnside, DBA Burnside Management Team (Burnside Management Team) purchased the Stanislaus Implement & Hardware Co. LTD property located on the corner of 11th and F Streets, which includes the parking lot used by the Police Department on a contract basis since March of 2015.

On January 14, 2020, by Resolution No. 2019-014, Council approved a five (5) year Lease Agreement with William Brent Burnside, DBA Burnside Management Team for the use of their parking lot for $3,500 per month. This agreement is set to expire on January 31, 2025.

DISCUSSION:

As the end of the lease entered into on January of 2020 was coming close to an end, department staff reached out to William Brent Burnside, DBA Burnside Management Team about entering into a new four-year lease agreement from February 1, 2025, through January 31, 2029. Willam Brent Burnside, DBA Burnside Management Team, was agreeable to the new lease and proposed an increase to $3,917 per month. This would bring the total of the lease to approximately $47,004 per year.

The proposed lease allows the Modesto Police Department to utilize approximately 50 spaces, in a designated area, for police and privately-owned employee vehicles, attached hereto as Exhibit A. No other comparable location options were identified that could provide 24-hour, 7 day a week secured parking within close proximity to the police department.

Modesto Municipal Code Section 8-5.202 authorizes the City to acquire, construct, enlarge, remodel, renovate, alter, improve, furnish, equip. and lease as lessee, with the proceeds of bonds, a facility solely for the purpose of selling or leasing as lessor such facility to such participating party, and is further authorized to make any contracts for such purposes. The City is also authorized to contract with such participating party to undertake on behalf of the City to construct, enlarge, remodel, renovate, alter, improve, furnish and equip such facility. Here, the Parking lot provided by Willian Brent Burnside, DBA Burnside Management Team, is the closest parking solution available to the Police Department. Therefore, staff recommends the parking lot lease Agreement to William Brent Burnside, DBA Burnside Management Team to provide 50 parking spaces at a reasonable cost per month in close (walking) proximity to the Modesto Police Department.

FISCAL IMPACT:

This expense will be funded within existing appropriations for Fiscal Year 2024/2025 Operating Budget in General Fund under Cost Center 19420, MPD Records and Support in Account Number (53070) Rental of Real Property. The City of Modesto Police Department will have a lease agreement commencing on February 1, 2025, through January 31, 2029, which will cost $3,917 per month or approximately $47,004 per year for a total not to exceed $188,016 over four years. Below is a breakdown of the proposed lease agreement cost:
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Parking Lot Lease with William Brent Burnside, DBA Burnside Management Team

Agreement Totals
Year 1 $47,004
Year 2 $47,004
Year 3 $47,004
Year 4 $47,004
TOTAL: $188,016
Below is a chart detailing the five (5) year expense history related to the current lease for this parking lot:

Fiscal Year Totals
20/21 $42,000
21/22 $42,000
22/23 $42,000
23/24 $42,000
*24/25 $42,000
TOTAL: $210,000
*Expended $24,500 year to date. Current agreement ends January 31, 2025, $210,000 in funding is allocated in the current agreement.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending a Lease Agreement with William Brent Burnside, DBA Burnside Management Team, Modesto, CA, for use of Fenced Parking Lot for a four-year Agreement, for an annual estimated amount of $47,004, and a total amount not to exceed $188,016 over four years; and forwarding to Council for approval.

Approved by:

Brandon Gillespie, Chie of Police
Joseph P. Lopez, City Manager
Attachments:

1. Lease Agreement

2. Exhibit A

3. Signed Bid Waiver
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

November 18, 2024
Date: October 29, 2024
TO: Safety and Communities Committee
Rosa Escutia-Braaton, Chair
Jeremiah Williams, Vice-Chair
Chris Ricci, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Jeremy Rogers, Director of Parks, Recreation and Neighborhoods SUBJECT: Award Construction Contract for the Tuolumne River Regional Park River Pavilion & Learning Theater Project
CONTACT: Ken Peterson, Senior Landscape Architect
[email protected], 209-571-5573
DESCRIPTION:

Consider the Plans and Specifications for Tuolumne River Regional Park River (TRRP) Pavilion & Learning Theater Project, accepting the Bid and Awarding a Construction Contract to Westside Landscape & Concrete, Inc. of Newman, CA., in the amount of $552,925 authorizing $44,234 for contingency (if needed), for a total payment amount not to exceed $597,159 and forwarding to Council for approval. (Funding Source: Various Funds) STRATEGIC PLAN ELEMENT:

This item is consistent with the following 2020-2025 Strategic Plan Area of Focus: Quality of Life and Governance and Service Delivery.

BACKGROUND:

The California Outdoor Environmental Education Facilities (OEEF) Grant Program is funded by The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 (Proposition 40). OEEF funds were made available on a competitive basis to aid local agencies and community-based organizations with regard to the development of outdoor environmental education facilities.

On August 8, 2017, by Resolution No. 2017-317 Council authorized the submittal of an application in the amount of $500,000 to the OEEF Grant Program for the Tuolumne River Regional Park (TRRP) River Pavilion Project. Subsequently, on October 2, 2018, by Resolution No. 2018-427, Council accepted the OEEF Grant in the amount of $500,000 to fund the construction of the TRRP River Pavilion Project.

The TRRP River Pavilion & Learning Theater project is located in the Legion Park Area of TRRP and will include the design, permitting, bidding and development of a large group picnic #2..
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Award Construction Contract for the Tuolumne River Regional Park River Pavilion & Learning Theater Project

pavilion, outdoor learning classroom, river educational and safety signage, and native landscaping adjacent to the existing parking lot along Legion Park Drive.

DISCUSSION:

The project was advertised for bids on September 23, 2024. Bids were publicly opened on October 15, 2024, pursuant to City Charter Section 1307, and five bids were received, and two bids were deemed non-responsive. Westside Landscape & Concrete, Inc., of Newman, CA., was determined to be the responsible bidder with the lowest responsive bid. The bid tabulation is attached, and a summary of the bids is below:

The bid analysis is:

Number of responsive bids received 3
Number of bids within 10% of engineer’s estimate 0
Number of bids above the engineer’s estimate 3
Number of bids below the engineer’s estimate 0
Percent low bid is above the engineer’s estimate 23.8%
Westside Landscape & Concrete, Inc., of Newman, CA., was 23.8% above the engineer’s estimate. The next lowest bid was 40.15% above the engineer’s estimate. The highest responsive bid was 45.08% above the engineer’s estimate. Bidder competition and participation was evident as the City received three responsive bids.

Modesto Municipal Code Section 8-3.203 generally requires all purchases which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid. The award of contract for the construction of the TRRP River Pavilion & Learning Theater Project, to Westside Landscape & Concrete, Inc., of Newman, CA., conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and Westside Landscape & Concrete, Inc., was the lowest responsive and responsible bidder.

The City’s “Change Order Approval Policy” enacted by Council Resolution No. 1994-443 on July 19, 1994, revised on July 9, 2019, by Council Resolution No. 2019-326, and revised a second time on September 12, 2023, by Council Resolution No. 2023-405, established a contract change order authority of 10% for construction contracts up to $10,000,000. Due to budgetary constraints, staff is requesting the Engineering Services Director’s Authority to issue change orders of 8% ($44,234) of the construction contract amount.

While the contingency policy is utilized for each construction contract awarded by the City, it is not written into each contract, nor is it a guaranteed amount included in the final compensation to the contractor. Prior to bidding a project, staff works diligently to ensure that all projects and bid packages contain well-defined scopes of work and that all projects stay within budget.

FISCAL IMPACT:

Funding for this project is budgeted in Capital Improvement Project (CIP) account #101135 (TRRP River Pavilion). The project will require a budget adjustment allocating $64,002 of Parks and Air Quality Capital Facilities Fees (CFF) to fully fund the project. The project’s revenue and expense budget shall be as outlined below:
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Award Construction Contract for the Tuolumne River Regional Park River Pavilion & Learning Theater Project

Funding Sources
OEEF Grant $ 500,000
Parks CFF $ 27,500
TRRP CIP Fund $ 107,500
Parks & Air Quality CFF $ 64,002
Project Funding Sources $ 699,002
Project Budget
Construction $ 552,925
Construction Contingency (8%) $ 44,234
Construction Administration – City Staff (8%) $ 44,234
Bid/Design Support During Construction (6%) $ 33,176
Engineering/Design/Admin (previously spent/committed) $ 24,433 Total Estimated Project Cost $ 699,002
CEQA/NEPA REQUIREMENTS:

City staff prepared a Finding of Conformance (SCH No. 2014042081), Initial Study Environmental Checklist C&ED No. 2021-02; and Notice of Exemption No. EA/PR&N 2024-06 and the project is categorically exempt from CEQA due to the fact that it is a minor alteration to an existing facility involving a negligible expansion of use beyond the current use.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending approval of the Plans and Specifications for the Tuolumne River Regional Park (TRRP) Pavilion & Learning Theater Project, accepting the Bid and Awarding a Construction Contract to Westside Landscape & Concrete, Inc. of Newman, CA., in the amount of $552,925 authorizing $44,234 for contingency (if needed), for a total payment amount not to exceed $597,159, and authorizing the City Manager, or his designee, to execute the Agreement, and forwarding to Council for approval.

Motion recommending amending the Fiscal Year 2024-25 Capital Improvement Program budget to fund Project #101135 (TRRP River Pavilion) in an amount not to exceed $64,002 in transfers, revenue, and to budget expenditures to fund the project, and authorizing the City Manager, or his designee to implement the provisions of this Agreement and forwarding to Council for approval.
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Award Construction Contract for the Tuolumne River Regional Park River Pavilion & Learning Theater Project

Approved by:

Jeremy Rogers, Director of Parks, Recreation and
Neighborhoods Manager
Joseph P. Lopez, City Manager
Attachments:

1. Construction Contract & Financial Interest Disclosure Form– Westside Landscape & Concrete, Inc.

2. Bid Results
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River Pavilion and Learning Theatre Project

CONTRACT
This Agreement, made and entered into in the City of Modesto, County of Stanislaus, State of California, this ______ day of _____________, 2024, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called City, and WESTSIDE LANDSCAPE & CONCRETE, INC., a California, Corporation hereinafter called Contractor,
R E C I T A L S :

WHEREAS, the City Manager of the City of Modesto, authorized the call for bids, approved the Plans and Specifications prepared under the direction of the Director of Parks, Recreation and Neighborhoods Department for the RIVER PAVILION AND LEARNING THEATRE project and directed the City Clerk to advertise for sealed bids for doing said work and providing that bids be submitted on the 15th day of October 2024; and WHEREAS, the City Clerk, thereafter duly and regularly caused a notice to be published in the manner and for the time prescribed by law; and WHEREAS, Contractor, pursuant to the provisions of said notice duly filed a bid with the City Clerk, a true copy of which is now on file in the office of the City Clerk of the City of Modesto, and is hereby referred to and by this reference made a part hereof as fully as if set forth at length herein; and
WHEREAS, all bids received pursuant to said notice were opened and examined and publicly declared at the time specified in said advertisement for bids and at a regular meeting of the City Council held on the ______ day of ____________, 2024 by Resolution 2024-____ the Council found and declared the bid of Contractor to be the lowest responsive bid and thereupon awarded a Contract to Contractor to do the Work referred to in the aforementioned Plans and Specifications.
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River Pavilion and Learning Theatre Project
NOW, THEREFORE, the parties hereto mutually agree as follows:

1. SCOPE OF WORK, hereinafter called the Work.
a. Contractor shall furnish all labor, materials and equipment necessary to complete the Work as specified in the Plans and Specifications entitled RIVER PAVILION AND LEARNING THEATRE, City of Modesto, Parks, Recreation and Neighborhoods Department, Project Number 2025-06, and in strict accordance with the conditions of the complete Contract Documents. All incidental Work not included in the Contract Documents or specified herein which is necessary to complete the Work so as to provide the system described, or shown, shall be furnished and installed as part of this Agreement at no additional cost to the City. The Work shall be complete and ready for service as described in the Contract Documents to the satisfaction of the Director of Utilities. b. Contractor shall do and perform the Work contemplated hereby in a good and workmanlike manner under the direction of and to the satisfaction of the Director of Utilities of the City of Modesto.
c. Contractor shall do and perform the Work contemplated hereby and shall furnish all labor, materials, tools and equipment therefore at the prices herein specified to, wit:

CONTRACTOR’S BID

Item
No.

Item Description Unit of
Measure
Estimated
Quantity
Unit Price Total Price

BASE BID
1 Mobilization and
Demobilization
LS 1 $8,719.00 $8,719.00
2 Site Preparation LS 1 $13,341.00 $13,341.00
3 Erosion Control LS 1 $5,426.00 $5,426.00
4 Temporary Fencing LS 1 $9,553.00 $9,553.00
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5 Clearing and Grubbing LS 1 $16,763.00 $16,763.00
6 Demolition LS 1 $22,520.00 $22,520.00
7 Earthwork and Grading LS 1 $20,647.00 $20,647.00
8 4” Pedestrian Concrete
Pavement
SF 3285 $16.04 $52,691.40
9 5” Vehicular Concrete Pavement SF 2944 $18.56 $54,640.64 10 6” Vertical Concrete Curb LF 22 $108.00 $2,376.00
11 ADA Ramp EA 1 $5,200.00 $5,200.00
12 Learning Theater Seating Units EA 25 $1,817.57 $45,439.25 13 Information Kiosk EA 1 $8,380.00 $8,380.00
14 Striping and Signage (ADA) LS 1 $2,771.00 $2,771.00
15 Picnic Table EA 7 $1,935.14 $13,545.98
16 ADA Picnic Table EA 2 $2,039.28 $4,078.56
17 Service Table EA 1 $2,868.63 $2,868.63
18 Barbeque Grill EA 1 $2,534.52 $2,534.52
19 Trash Receptacles EA 3 $3,519.84 $10,559.52
20 Irrigation System LS 1 $21,414.00 $21,414.00
21 Tree and Shrub Landscaping LS 1 $14,428.00 $14,428.00 22 Hydroseeding SF 3030 $1.50 $4,545.00
23 Landscape Establishment and
Maintenance Period (Monthly)
EA 1 $4,483.00 $4,483.00
SUBTOTAL $346,924.50
BID ALTERNATE 3
301 Shade Structure LS 1 $206,000.00 $206,000.00
SUBTOTAL $206,000.00
TOTAL $552,924.50

2. CONTRACT DOCUMENTS. The complete Agreement between the parties consists of the documents listed below, including any addenda to these documents. The documents are complementary and provide for a complete work; if a discrepancy exists, the governing rank of the documents is set forth, in descending order:
a. Executed and signed, written Agreement;
b. Section 00800 Amendments and Supplements to the General Provisions #2..
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River Pavilion and Learning Theatre Project
c. All other sections of the Project Specifications;
d. Project Plans;
e. City Standard Details; current edition
f. City Standard Specifications; current edition
g. Revised State Standard Specifications;
h. State Standard Specifications;
i. Revised State Standard Plans;
j. State Standard Plans; and
k. All required Bonds.

All documents specified above are intended to operate so that any component of the Work called for in one and not mentioned in any other, or vice versa, is to be executed the same as if mentioned in all of the documents. The listed documents comprise the Contract Documents.

3. COMMENCEMENT AND COMPLETION OF THE WORK. The Work
contemplated herein shall be commenced on the date specified in the Notice to Proceed for this Agreement. Completion of the work shall comply with the Specification. The Notice to Proceed shall not be issued until the Director of Utilities receives and has on file:
a. Proofs of insurance (approved by City Risk Manager), b. Bonds (approved by the City Attorney),
c. City of Modesto Business License, and
d. Executed Agreement.

Contractor will not be held responsible for failure to complete the Work within the specified time if delay is due to matters beyond its reasonable control. Contractor shall make all good faith attempts to overcome or to minimize such matters, and to finish the Work in #2..
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River Pavilion and Learning Theatre Project
the shortest reasonable amount of time.

4. PAYMENT. Payment for the Work to be done under this Agreement shall be at the price set forth in Section 1 hereof, and in accordance with the Contract Documents, which are incorporated herein by this reference.

5. INDEMNITY. The Contractor shall hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of Contractor, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement. This provision does not apply to claims, loss, liability, damage or expense arising from (a) the sole negligence or willful misconduct of the City, or (b) the active negligence of the City.

Contractor's obligation to defend, indemnify, and hold the City, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for Contractor to procure and maintain a policy of insurance.

6. LIABILITY INSURANCE.

A. General
Contractor shall procure and maintain for the duration of this Agreement, and for the entire duration covered by the warranty bond, insurance as required by the Contract Documents and against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees, or subcontractors.
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6 City of Modesto
River Pavilion and Learning Theatre Project
B. Minimum Scope and Limit of Insurance
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01, including products and completed operations, with limits of no less than $5,000,000 per occurrence for bodily injury, personal injury, and property damage. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions, is required.

5. Professional Liability with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate, is required.

6. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate, is required.

C. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the contractor shall cause the insurer shall #2..
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7 City of Modesto
River Pavilion and Learning Theatre Project
reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

D. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL and automobile liability policies with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 23 37 forms if later revisions used).

2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City.

E. Builder’s Risk (Course of Construction) Insurance
Contractor may submit evidence of Builder’s Risk insurance in the #2..
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8 City of Modesto
River Pavilion and Learning Theatre Project
form of Course of Construction coverage. Such coverage shall name the City as a loss payee as their interest may appear.

F. Claims Made Policies
If any coverage required is written on a claims-made coverage form:

1. The retroactive date must be shown, and this date must be before the execution date of the Agreement or the beginning of Contract Work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of Contract Work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the Agreement effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of Contract Work.

4. A copy of the claims reporting requirements must be
submitted to the City for review.

5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

G. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City.

H. Waiver of Subrogation
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9 City of Modesto
River Pavilion and Learning Theatre Project
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.

Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.

Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this Agreement. The Contractor must deliver certificates evidencing existence of the insurance and specified endorsements listed above to the Director of Utilities within 5 business days after the Notice of Award is received. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by the Contract Documents, at any time.

J. Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance for the duration of the project and through acceptance by City Council.

7. BONDS. The Contractor shall furnish City the following separate surety bonds:
a. Performance Bond. Within 5 business days after receipt of the Notice of Award and prior to commencement of Work, the Contractor shall furnish a separate surety bond in an amount equal to one hundred percent (100%) of the Agreement price, shall be #2..
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10 City of Modesto
River Pavilion and Learning Theatre Project
for the faithful performance of the Agreement, shall be approved by City, and shall be secured from a surety or sureties satisfactory to City.
b. Payment Bond. Within 5 business days after receipt of the Notice of Award and prior to commencement of Work, the Contractor shall furnish a separate surety bond in an amount at least equal to one hundred percent (100%) of the Agreement price as security for the payment of all persons for furnishing materials, provisions, or other supplies, or items, used in, upon, for, or about the performance of the Work contracted to be done; or for performing any work or labor thereon of any kind, and for the payment of amounts due under the Unemployment Insurance Code with respect to such work or labor in connection with this Agreement, and for the payment of a reasonable attorney's fee to be fixed by the court in case suit is brought upon the bond.
c. Warranty Bond. Prior to issuance of a Notice of Completion for the contracted work, Contractor shall file with the City a Warranty Bond or equivalent security in the amount of ten percent (10%) of the estimated cost of the contracted work to guaranty and warranty the contracted work for a period of one (1) year following City Council acceptance thereof against any defective work or labor done, or defective materials furnished.

8. COMPLIANCE WITH ALL LAWS. Contractor hereby agrees that it and all subcontractors, if any, in the performance of the work described, designated and shown upon the Contract Documents herein referred to, will comply with all federal, state, county and municipal laws, rules and regulations which may be applicable to the work herein contracted for, whether now in existence or hereafter adopted.

9. TERMINATION OF AGREEMENT.

Termination by City for Default of Contractor
Should Contractor default in the performance of this Agreement or #2..
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11 City of Modesto
River Pavilion and Learning Theatre Project
materially breach any of its provisions, at its option, City may terminate this Agreement by giving written notification to Contractor. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Contractor, dishonesty or theft. Such termination shall be in accordance with the Contract Documents.

If this Agreement is terminated, Contractor shall cease all its work on the project as of the termination date and shall see to it that its employees, subcontractors and agents are notified of such termination and cease their work.

The Contractor understands and agrees that City may, in City's sole discretion, refuse to pay Contractor for that portion of Contractor's services which were performed by Contractor on the project prior to the termination date and which remain unacceptable and/or not useful to City as of the termination date.

Termination by City for Convenience
The City may terminate the Contractor's performance under the Agreement, either in whole or in part, at its own discretion or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. The City shall provide no less than ten (10) days written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Contractor with consultation with the City prior to termination.

A. Upon receipt of a written Notice of Termination pursuant to this #2..
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River Pavilion and Learning Theatre Project
section, the Contractor shall:

1. Cease its work as directed in the Notice of Termination as of the termination date and see to it that its employees, subcontractors and agents are notified of such termination and act as specified in the Notice of Termination;

2. Terminate all orders and Subcontractors except as
necessary to complete any portion of the Work that is not terminated;

3. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subcontractors, but in no event shall recovery by any Contractor or subcontractor include lost profits for portions of the Work not completed or
undertaken, including materials not delivered;

4. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been
accumulated by the Contractor in performing the Work
whether completed or in process;

5. Settle outstanding liabilities and claims, subject to the approval of City;

6. Complete performance of such part of the Work as has not #2..
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13 City of Modesto
River Pavilion and Learning Theatre Project
been terminated;

7. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;

8. If City so requests, and at City's cost, Contractor shall provide sufficient oral or written status reports to make City reasonably aware of the status of Contractor's work on the project.

B. City will pay Contractor an amount based on the percentage of work completed in accordance with the Notice of Termination. The final payment to the Contractor after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:

1. Any actual costs incurred by the Contractor for restocking charges;

2. The agreed upon price of protecting the Work in any
manner, if any, as directed by the City;

3. The cost of settling and paying valid claims arising out of the termination of the Work such as subcontract
agreements or contracts for materials;

4. The Agreement price allocable to the portion of the Work properly performed or goods supplied by the Contractor as of the date of termination, as determined in accordance with the Notice of Termination, reduced by any sums
previously paid to the Contractor.
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14 City of Modesto
River Pavilion and Learning Theatre Project
C. The City shall have the right to withhold any portion or the whole of the final payment under this provision in the event there are any outstanding Claims for compensation asserted either by the City against the Contractor or by any third party against the City or the Contractor which arise out of the Contractor's work.

Authorization to Terminate Agreement
Termination of the Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Contractor to appeal the City Manager, or his/her designee’s, decision to the City Council. The Contractor shall appeal by notifying the City Clerk in writing within ten (10) business days of receipt of notification from City to terminate the Agreement. In the event that termination of this Agreement is upheld by the City Council, any valid claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.

10. NOTICES. Any notice, payment or instrument required or permitted by this Agreement to be given to either party shall be deemed to have been received when personally delivered, or one calendar week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows:

Contractor: Westside Landscape & Concrete, Inc.

Attn: Armando Garcia, President
27107 CA-33
Newman, CA 95360

City: City of Modesto
Director of Engineering Services
P.O. Box 642
Modesto, CA 95353
Phone (209) 577-5444, Fax (209) 577-4302

Each party may change its address for delivery of notice by delivering #2..
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15 City of Modesto
River Pavilion and Learning Theatre Project
written notice of such change of address to the other party.

11. WORKFORCE REQUIREMENTS. Contractor included both a signed Local Hire Certification as well as a Skilled and Trained Workforce Certification with its bid, and such certifications are incorporated herein by reference. Contractor shall comply with all applicable requirements, including record keeping requirements, of Articles 7 and 8 of Chapter 3 of the Modesto Municipal Code.

12. EXECUTION OF AGREEMENT. The undersigned signatory(ies) for Contractor warrant(s) and represent(s) that he/she/they is/are legally competent to execute the Agreement and has/have full authority to execute this Agreement.

13. DISPUTE RESOLUTION. All claims, controversies, or disputes arising out of or relating to this Agreement, including its performance by either party, shall be finally resolved by arbitration in accordance with the Contract Documents.

14. MISCELLANEOUS. Time is of the essence of this Agreement. #2..
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16 City of Modesto
River Pavilion and Learning Theatre Project
IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2024-________ adopted by the Council of the City of Modesto on the ____ day of ___________, 2024, and Contractor has caused this Agreement to be duly executed.

CITY OF MODESTO, WESTSIDE LANDSCAPE & CONCRETE, INC.

A California municipal corporation A California corporation

By _____________________________ By ________________________________ JOSEPH P. LOPEZ, City Manager Name Title

By ________________________________
Name Title
Federal ID #__________________
ATTEST:
(Seal)
By
DIANE NAYARES-PEREZ, CMC, City Clerk
APPROVED AS TO FORM:

By ________________________________
JOSE M. SANCHEZ, City Attorney

APPROVED AS TO FORM:

By _____________________________________
MATTHEW BRALEY, Risk Manager

Revised 4/25/2022
* Corporations - signature of two (2) officers
required or one (1) officer plus corporate seal.

Partnership - signature of a partner required
Sole Proprietorship - signature of proprietor
required
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FINANCIAL INTEREST DISCLOSURE FORM
PROJECT: RIVER PAVILION AND LEARNING THEATRE
1 Chapter 10, Title 2 of the Modesto Municipal Code requires all entities entering into contracts with the City of Modesto to disclose every individual who has a material financial interest in that entity as defined below. The apparent low bidder will be required to list below (and on additional sheets as necessary) all persons having a financial interest in the entity submitting the bid. The apparent low bidder shall submit this form no later than close of business on the 5th business day following receipt of the Notice of Intent to Award. Failure or refusal to submit the required information within the time required shall be grounds for declaring the bid non-responsive.

Name of Bidder: ____________________________________________________________________ Type of Organization: ________________________________________________________________ (If a corporation, list the name of the state under the laws of which the corporation is chartered)

FINANCIAL INTEREST DISCLOSURE FORM
All persons included within the meaning of either of the following tests have a material financial interest in an agreement, or application for development rights, submitted for approval or disapproval by the City Council, and shall be identified by the applicant, by name.

Tests of Materiality:

1. Whether it is foreseeable to a reasonable person that the value of their interest in property available for use by an applicant, or their interest in the applicant itself, may increase or decrease by an amount greater than $2,000.00 as a direct or indirect result of Council action on the applicant’s agreement or application for development rights.

2. Whether it is foreseeable to a reasonable person that the person’s gross income from the applicant may increase or decrease by a sum greater than $2,000.00 as a direct or indirect result of Council action on the agreement or application for development rights.

It is the legal obligation of all applicants for approval of an agreement or of an application for development rights to verify in writing, under penalty of perjury, that the identity of each person having a material financial interest in the agreement or application or development rights is true, correct and complete. The applicant understands that this information is provided under penalty of perjury, and that intentionally supplying misinformation or deception may result in either invalidation of the agreement or application, or criminal prosecution for misdemeanor violation of the Modesto Municipal Code, or both.

Negligent provision of misinformation shall be grounds for invalidation. In accordance with the Modesto Municipal Code, each applicant has a continuing obligation to maintain the truth, accuracy and completeness of the financial interest disclosure information provided below until after final consideration by the City Council of any matter arising out of or relating to the agreement or application.

BUSINESS NAME APPLICANT SIGNATURE
Names: (See attached list)
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Questions concerning the application of either test to particular facts should be resolved in advance of Council action by agreement with the department head recommending approval of its agreement/application.

DIRECTOR OF ENGINEERING
PROJECT: RIVER PAVILION AND LEARNING THEATRE
2 BUSINESS NAME: WESTSIDE LANDSCAPE & CONCRETE, INC.

NAMES
Attach additional sheets as necessary.
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Bid Tabulation Tuesday, October 29, 2024
Project Title: River Pavilion & Learning Theater
Project ID #: 2025-06
Fund #: 101135
Vault ID #: 19-D-0394
Bid Opening: 10/15/2024 at 11:00 AM
Basis of Award: By Blind Bid Designer: City of Modesto
Design Manager: Ken Peterson
Project Description: The construction of the project includes installation of a covered picnic pavilion, an outdoor classroom learning theater space, concrete pathways, lighting, irrigation, and native landscaping.

Item # Item Description Units Quantity Unit Price Extension Low Bidder
Westside Landscape & Concrete, Inc.
(209) 427-5778 27107 CA-33, Newman, CA 95360
Base Bid
1 Mobilization and Demobilization LS 1 $8,719.00 $8,719.00 (Max 5% of Total Base Bid)
2 Site Preparation LS 1 $13,341.00 $13,341.00
3 Erosion Control LS 1 $5,426.00 $5,426.00
4 Temporary Fencing LS 1 $9,553.00 $9,553.00
5 Clearing and Grubbing LS 1 $16,763.00 $16,763.00
6 Demolition LS 1 $22,520.00 $22,520.00
7 Earthwork and Grading LS 1 $20,647.00 $20,647.00
8 4” Pedestrian Concrete Pavement SF 3285 $16.04 $52,691.40 9 5” Vehicular Concrete Pavement SF 2944 $18.56 $54,640.64 10 6” Vertical Concrete Curb LF 22 $108.00 $2,376.00
11 ADA Ramp EA 1 $5,200.00 $5,200.00
12 Learning Theater Seating Units EA 25 $1,817.57 $45,439.25 13 Information Kiosk EA 1 $8,380.00 $8,380.00
14 Striping and Signage (ADA) LS 1 $2,771.00 $2,771.00
15 Picnic Table EA 7 $1,935.14 $13,545.98
16 ADA Picnic Table EA 2 $2,039.28 $4,078.56
17 Service Table EA 1 $2,868.63 $2,868.63
18 Barbeque Grill EA 1 $2,534.52 $2,534.52
19 Trash Receptacles EA 3 $3,519.84 $10,559.52
20 Irrigation System LS 1 $21,414.00 $21,414.00
21 Tree and Shrub Landscaping LS 1 $14,428.00 $14,428.00 22 Hydroseeding SF 3030 $1.50 $4,545.00
23 Landscape Establishment and Maintenance EA 1 $4,483.00 $4,483.00 Period (Monthly)
Subtotal: $346,924.50
Bid Alternate 3
301 Shade Structure LS 1 $206,000.00 $206,000.00
Subtotal: $206,000.00
Total: $552,924.50
Percent From Engineer's Estimate: 23.80%
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Frontline General Engineering Construction, Inc.
(510) 954-0739 4448 W. Pine Haven Drive, Tracy, CA 95304 Base Bid
1 Mobilization and Demobilization LS 1 $16,754.22 $16,754.22 (Max 5% of Total Base Bid)
2 Site Preparation LS 1 $3,634.97 $3,634.97
3 Erosion Control LS 1 $14,106.98 $14,106.98
4 Temporary Fencing LS 1 $7,557.19 $7,557.19
5 Clearing and Grubbing LS 1 $14,294.52 $14,294.52
6 Demolition LS 1 $22,986.04 $22,986.04
7 Earthwork and Grading LS 1 $45,389.83 $45,389.83
8 4” Pedestrian Concrete Pavement SF 3285 $15.24 $50,063.40 9 5” Vehicular Concrete Pavement SF 2944 $15.74 $46,338.56 10 6” Vertical Concrete Curb LF 22 $269.15 $5,921.30
11 ADA Ramp EA 1 $2,830.11 $2,830.11
12 Learning Theater Seating Units EA 25 $2,165.90 $54,147.50 13 Information Kiosk EA 1 $23,981.21 $23,981.21
14 Striping and Signage (ADA) LS 1 $4,203.42 $4,203.42
15 Picnic Table EA 7 $2,457.01 $17,199.07
16 ADA Picnic Table EA 2 $2,899.99 $5,799.98
17 Service Table EA 1 $4,288.80 $4,288.80
18 Barbeque Grill EA 1 $3,410.47 $3,410.47
19 Trash Receptacles EA 3 $2,572.76 $7,718.28
20 Irrigation System LS 1 $36,681.39 $36,681.39
21 Tree and Shrub Landscaping LS 1 $14,802.28 $14,802.28 22 Hydroseeding SF 3030 $2.87 $8,696.10
23 Landscape Establishment and Maintenance EA 1 $8,053.18 $8,053.18 Period (Monthly)
Subtotal: $418,858.80
Bid Alternate 3
301 Shade Structure LS 1 $207,123.01 $207,123.01
Subtotal: $207,123.01
Total: $625,981.81
Percent From Engineer's Estimate: 40.15%
Joe's Landscaping & Concrete
(408) 767-1949 P.O. Box 883, Newman, CA 95360
Base Bid
1 Mobilization and Demobilization LS 1 $20,000.00 $20,000.00 (Max 5% of Total Base Bid)
2 Site Preparation LS 1 $13,500.00 $13,500.00
3 Erosion Control LS 1 $6,400.00 $6,400.00
4 Temporary Fencing LS 1 $7,200.00 $7,200.00
5 Clearing and Grubbing LS 1 $7,132.00 $7,132.00
6 Demolition LS 1 $13,330.00 $13,330.00
7 Earthwork and Grading LS 1 $13,500.00 $13,500.00
8 4” Pedestrian Concrete Pavement SF 3285 $26.00 $85,410.00 9 5” Vehicular Concrete Pavement SF 2944 $29.00 $85,376.00 10 6” Vertical Concrete Curb LF 22 $135.00 $2,970.00
11 ADA Ramp EA 1 $9,500.00 $9,500.00
12 Learning Theater Seating Units EA 25 $3,000.00 $75,000.00 #2..
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13 Information Kiosk EA 1 $12,500.00 $12,500.00
14 Striping and Signage (ADA) LS 1 $2,750.00 $2,750.00
15 Picnic Table EA 7 $3,000.00 $21,000.00
16 ADA Picnic Table EA 2 $3,750.00 $7,500.00
17 Service Table EA 1 $885.00 $885.00
18 Barbeque Grill EA 1 $2,800.00 $2,800.00
19 Trash Receptacles EA 3 $2,500.00 $7,500.00
20 Irrigation System LS 1 $12,500.00 $12,500.00
21 Tree and Shrub Landscaping LS 1 $6,105.00 $6,105.00
22 Hydroseeding SF 3030 $1.00 $3,030.00
23 Landscape Establishment and Maintenance EA 1 $3,200.00 $3,200.00 Period (Monthly)
Subtotal: $419,088.00
Bid Alternate 3
301 Shade Structure LS 1 $228,900.00 $228,900.00
Subtotal: $228,900.00
Total: $647,988.00
Percent From Engineer's Estimate: 45.08%
Anaba Construction (The determination of a non-responsive bid is made by City) (510) 826-9443 1552 Lenay Ct., Manteca, CA 95337
Base Bid
1 Mobilization and Demobilization LS 1 $19,000.00 $19,000.00 (Max 5% of Total Base Bid)
2 Site Preparation LS 1 $11,700.00 $11,700.00
3 Erosion Control LS 1 $4,043.00 $4,043.00
4 Temporary Fencing LS 1 $4,600.00 $4,600.00
5 Clearing and Grubbing LS 1 $8,400.00 $8,400.00
6 Demolition LS 1 $6,000.00 $6,000.00
7 Earthwork and Grading LS 1 $15,000.00 $15,000.00
8 4” Pedestrian Concrete Pavement SF 3285 $32.00 $105,120.00 9 5” Vehicular Concrete Pavement SF 2944 $32.00 $94,208.00 10 6” Vertical Concrete Curb LF 22 $250.00 $5,500.00
11 ADA Ramp EA 1 $9,500.00 $9,500.00
12 Learning Theater Seating Units EA 25 $850.00 $21,250.00 13 Information Kiosk EA 1 $1,200.00 $1,200.00
14 Striping and Signage (ADA) LS 1 $3,200.00 $3,200.00
15 Picnic Table EA 7 $3,900.00 $27,300.00
16 ADA Picnic Table EA 2 $3,900.00 $7,800.00
17 Service Table EA 1 $4,890.00 $4,890.00
18 Barbeque Grill EA 1 $1,900.00 $1,900.00
19 Trash Receptacles EA 3 $890.00 $2,670.00
20 Irrigation System LS 1 $34,500.00 $34,500.00
21 Tree and Shrub Landscaping LS 1 $45,300.00 $45,300.00 22 Hydroseeding SF 3030 $4.00 $12,120.00
23 Landscape Establishment and Maintenance EA 1 $4,300.00 $4,300.00 Period (Monthly)
Subtotal: $449,501.00
Bid Alternate 3
301 Shade Structure LS 1 $221,000.00 $221,000.00
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Subtotal: $221,000.00
Total: $670,501.00
Percent From Engineer's Estimate: 50.12%
Steel Concrete (The determination of a non-responsive bid is made by City) (916) 790-7206, [email protected], Sacramento CA Base Bid
1 Mobilization and Demobilization LS 1 $123,600.00 $123,600.00 (Max 5% of Total Base Bid)
2 Site Preparation LS 1 $0.00 $0.00
3 Erosion Control LS 1 $0.00 $0.00
4 Temporary Fencing LS 1 $0.00 $0.00
5 Clearing and Grubbing LS 1 $0.00 $0.00
6 Demolition LS 1 $0.00 $0.00
7 Earthwork and Grading LS 1 $0.00 $0.00
8 4” Pedestrian Concrete Pavement SF 3285 $0.00 $0.00
9 5” Vehicular Concrete Pavement SF 2944 $0.00 $0.00
10 6” Vertical Concrete Curb LF 22 $0.00 $0.00
11 ADA Ramp EA 1 $0.00 $0.00
12 Learning Theater Seating Units EA 25 $0.00 $0.00
13 Information Kiosk EA 1 $0.00 $0.00
14 Striping and Signage (ADA) LS 1 $0.00 $0.00
15 Picnic Table EA 7 $0.00 $0.00
16 ADA Picnic Table EA 2 $0.00 $0.00
17 Service Table EA 1 $0.00 $0.00
18 Barbeque Grill EA 1 $0.00 $0.00
19 Trash Receptacles EA 3 $0.00 $0.00
20 Irrigation System LS 1 $0.00 $0.00
21 Tree and Shrub Landscaping LS 1 $0.00 $0.00
22 Hydroseeding SF 3030 $0.00 $0.00
23 Landscape Establishment and Maintenance EA 1 $0.00 $0.00 Period (Monthly)
Subtotal: $123,600.00
Bid Alternate 3
301 Shade Structure LS 1 $0.00 $0.00
Subtotal: $0.00
Total: $123,600.00
Percent From Engineer's Estimate: -72.33%
Engineer's Estimate
Base Bid
1 Mobilization and Demobilization LS 1 $12,673.13 $12,673.13 (Max 5% of Total Base Bid)
2 Site Preparation LS 1 $5,000.00 $5,000.00
3 Erosion Control LS 1 $7,500.00 $7,500.00
4 Temporary Fencing LS 1 $6,000.00 $6,000.00
5 Clearing and Grubbing LS 1 $4,132.00 $4,132.00
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6 Demolition LS 1 $10,000.00 $10,000.00
7 Earthwork and Grading LS 1 $8,264.00 $8,264.00
8 4” Pedestrian Concrete Pavement SF 3285 $13.50 $44,347.50 9 5” Vehicular Concrete Pavement SF 2944 $16.00 $47,104.00 10 6” Vertical Concrete Curb LF 22 $75.00 $1,650.00
11 ADA Ramp EA 1 $7,500.00 $7,500.00
12 Learning Theater Seating Units EA 25 $2,500.00 $62,500.00 13 Information Kiosk EA 1 $16,800.00 $16,800.00
14 Striping and Signage (ADA) LS 1 $1,500.00 $1,500.00
15 Picnic Table EA 7 $1,900.00 $13,300.00
16 ADA Picnic Table EA 2 $1,900.00 $3,800.00
17 Service Table EA 1 $1,500.00 $1,500.00
18 Barbeque Grill EA 1 $1,750.00 $1,750.00
19 Trash Receptacles EA 3 $1,600.00 $4,800.00
20 Irrigation System LS 1 $10,000.00 $10,000.00
21 Tree and Shrub Landscaping LS 1 $5,000.00 $5,000.00
22 Hydroseeding SF 3030 $0.50 $1,515.00
23 Landscape Establishment and Maintenance EA 1 $2,000.00 $2,000.00 Period (Monthly)
Subtotal: $278,635.63
Bid Alternate 3
301 Shade Structure LS 1 $168,000.00 $168,000.00
Subtotal: $168,000.00
Total: $446,635.63
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

November 18, 2024
Date: October 29, 2024
TO: Safety and Communities Committee
Rosa Escutia-Braaton, Chair
Jeremiah Williams, Vice-Chair
Chris Ricci, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Jeremy Rogers, CPRE, Director of Parks, Recreation and Neighborhoods SUBJECT: Parks and Recreation Master Plan Award
CONTACT: Diane Sheatsley, Administrative Analyst II, [email protected], 209-577-5418
DESCRIPTION:

Consider an Agreement with Berry, Dunn, McNeil, & Parker LLC, Portland, ME, to prepare the Parks and Recreation Master Plan for an amount of $383,350, plus $38,335 for additional services, if needed, for an Agreement total not to exceed $421,685 and forwarding to Council for approval. (Funding Source: Measure H)
STRATEGIC PLAN ELEMENT:

This item is consistent with the following 2020-2025 Strategic Plan Areas of Focus: Quality of Life and Governance and Service Delivery.

BACKGROUND:

The City has a strong commitment to provide fair and just access to high-quality parks, green space, recreation facilities and programs for all members of the community. Modesto’s existing park infrastructure and recreational facilities have a high level of deferred maintenance and in many cases are not sufficiently meeting the needs of the community and requiring rehabilitation, relocation and or redesign to meet current and future recreational needs and community priorities. In addition, the City is growing and in need of park development standards to ensure that new development meets the needs of current and future residents of Modesto.

The City’s Parks, Recreation and Neighborhoods Department currently is comprised of 72.75 full-time employees and over 300 part-time employees. The department is organized into five (5) divisions: Administration & Facilities, Park Operations, Parks Planning & Development, Recreation & Neighborhood Services, and Cultural Services. The divisions do not stand alone and work closely together to bring quality parks, programming and services to the community. #3..
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 Administration & Facilities: Responsible for the overall administration of the Department, special projects, and the management and operation of the Modesto Centre Plaza (convention center), John Thurman Field (minor league baseball stadium), and two municipal golf courses.
 Park Operations: Responsible for maintaining all (75) City parks, recreation trails, recreation facilities, pools, splash pads, open space areas, paved sidewalk, ballfields, tennis courts, play areas, restrooms, and picnic areas. It oversees Mary Grogan Soccer Complex, the City’s landscaping contract with Grover Landscaping, and provides vegetation management including establishing fire breaks, and abatement (weeds, tagging, illegal dumping, and homeless) services throughout the City.  Parks Planning & Development: Provides current and future planning for parks and facilities, including park renovations and new construction projects. It prepares and submits most of the Department’s applications for State and Federal capital improvement grant funding requests, oversees management of the Tuolumne River Regional Park Joint Power Agreement, and the City’s “Park Partners Program” which offers community groups the opportunity to partner with the Department to make improvements to their neighborhood parks and amenities. Furthermore, the Division provides landscape and irrigation construction plan review and inspections services for commercial and residential development. Note – this division is in the process of being moved to the Engineering Services Department.
 Recreation and Neighborhood Services: Plans and operates all the recreational programming and hosts many large-scale community events throughout the year with participation ranging from 300-25,000 per event. The guest services team coordinates reservable park, facility, and field rentals as well as class registrations for all recreation programs and activities. The division offers a wide variety of volunteer opportunities that foster civic pride and are centered on neighborhood engagement, cultural awareness, and community partnerships.
 Cultural Services Division: Manages, programs, and operates the McHenry Museum and McHenry Mansion in addition to providing administrative oversight of the Culture Commission.

A Parks and Recreation Master Plan is a tool which guides governing agencies in decisionmaking related to parks and recreation planning, maintenance, programming, and funding on a long-term basis. A Master Plan is an initial requirement to apply for the National Recreation and Park Association’s (NRPA) Commission for Accreditation of Park and Recreation Agencies (CAPRA). Master Plans assist in aligning park and recreation services with national standards and industry trends. A comprehensive Master Plan will provide a clear set of goals, policies and standards for an agency’s park system, green space, trails, recreation facilities, maintenance, and recreational program development for the future.

DISCUSSION:

Currently the City’s Parks, Recreation and Neighborhoods Department serves the citizens of Modesto by taking a hands-on approach to the development and maintenance of community destinations, attractions, and overall planning and maintenance of the City’s park and trail systems. Furthermore, it maintains, operates or manages its recreational programming, community centers, active neighborhood engagement, and a variety of cultural events. What the department does not have is a Master Plan.
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Parks and Recreation Master Plan Award

As the first part in the accreditation process towards service excellence, Measure H funding was budgeted in the Fiscal Year 2024-2025 Operating Budget to complete the Parks and Recreation Master Plan (PR Master Plan). On July 16, 2024, the City issued a Request for Proposals (INF RFP PPD24-22) for a concise, user-friendly Master Plan that will establish a framework for decision-makers in the planning, programming, operation, maintenance and development of Modesto’s parks, recreation areas, open space, trails, and recreation facilities over the next ten (10) years.

The ideal PR Master Plan will be comprehensive in nature and include significant public outreach and inclusive engagement with the Modesto community. It will require multiple studies and analyses to identify parks, recreation, facility, trail and open space resources, deficiencies and opportunities. The ideal consultant is expected to maintain an open dialogue with staff and work closely with the City’s project team to ensure the PR Master Plan reflects the vision and priorities of the City and its citizens.

On August 20, 2024, the City received seven (7) proposals for the PR Master Plan. A consultant selection committee was formed and included Jeremy Rogers – Director of Parks, Recreation and Neighborhoods, Jason Garcia – Park Operations Supervisor, Stephanie Navarro – Recreation Supervisor, Ken Peterson – Senior Landscape Architect, Diane Sheatsley – Administrative Analyst II, Allison Van Guilder – Deputy City Manager, and Chris Ricci – Councilmember, District 3. The selection committee met to review and rank the proposals received. Interviews with the top three (3) firms were held on October 3, 2024. The selection committee determined that the firm of Berry, Dunn, McNeil, and Parker LLC (BerryDunn) was the best qualified to complete the project. BerryDunn’s scope of work includes multiple phases and deliverables as shown below and is expected to take a minimum of twelve months to complete.

Phase Deliverables
1 – Discovery Project Work Plan & Schedule
Master Plan Vision & Goals
2 – Evaluate Existing Conditions Inventory Atlas
Recreation Analysis
Level of Service Analysis
Survey Report & Analysis
3 – Evaluate Staffing Structure Organizational Analysis 4 – 2023 Fund Development Plan
Implementation
5 – Outreach & Engagements Detailed Engagement Strategy 6 – Community Needs Assessment Gaps Analysis & Needs Assessment 7 - Recommendations
8 – Prepare Final Plan Draft Parks and Recreation Master Plan Final Parks and Recreation Master Plan
Based on the results of the RFP, staff recommends the Council approve an agreement with Berry, Dunn, McNeil, & Park LLC, a Maine Limited Liability Company in the amount of $383,350 to complete the Parks and Recreation Master Plan.

In addition, staff recommends Council approve a 10% additional services budget in the amount of $38,335 to allow for additional services that may be required due to unforeseen conditions, #3..
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delays or expenses for an agreement total not to exceed $421,685. This additional services budget does not commit the City to spend the additional funding but allows the Department Director to approve change orders up to the additional services limit, without further Council action.

In accordance with Modesto Municipal Code 8-3.204(a), “Exceptions to Formal Bidding Requirements,” Agreements for Professional Services are exempt from the bidding requirements of Modesto Municipal Code 8-3.203 if competitive quotations or proposals have been sought informally from at least three (3) qualified entities. The approval for the Parks and Recreation Master Plan to Berry, Dunn, McNeil & Parker LLC, conforms to Modesto Municipal Code 8-3.204, subsection (a) as they are providing professional services and at least three informal proposals were obtained.

FISCAL IMPACT:

Measure H funding for the Parks and Recreation Master Plan is budgeted in Project #101607 – Parks Master Plan.

Anticipated Agreement Expenses:

Consulting Services $383,350
10% Contingency $ 38,335
Total Not to Exceed $421,685
RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending an Agreement with Berry, Dunn, McNeil, & Parker LLC, Portland, ME to prepare the Parks and Recreation Master Plan for an amount of $383,350, plus $38,335 for additional services, if needed, for an Agreement total not to exceed $421,685 and forwarding to Council for approval.

Approved by:

Jeremy Rogers, CPRE
Joseph P. Lopez, City Manager
Attachments:

1. Agreement

2. INF RFP PPD2024-22i
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STANDARD AGREEMENT

FOR CONSULTANT SERVICES
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this day of , 2024, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and Berry, Dunn, McNeil & Parker, LLC, a Maine limited liability company, hereinafter referred to as "Consultant" (each sometimes referred to as “Party” and collectively referred to as “Parties”).

This Agreement is made with regard to the following recitals:

A. The City has determined that a Parks and Recreation Master Plan should be prepared; and
D. Consultant represents that it is qualified, willing and able to provide the services to prepare said document(s).

NOW, THEREFORE, in consideration of this Agreement, and the mutual promises, covenants, and stipulations hereinafter contained, the parties agree as follows:

1. SCOPE OF SERVICES.

Consultant shall undertake and complete the preparation of the scope of work as prepared by Consultant and set forth and described in the documents attached hereto and referred to as “Exhibit A" or "Project in a manner and according to the standards of the profession in which the Consultant is engaged. #3..
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2. TERM OF AGREEMENT.

This Agreement is effective as of the Effective Date and will continue in effect until City's acceptance of and payment for all services authorized by City and performed by Consultant, unless terminated earlier in accordance with the provisions of Section 15 of this Agreement.

City hereby gives Consultant notice to proceed with the preparation of the project in the manner described in Exhibit "A", as of the Effective Date of this Agreement. Consultant shall diligently proceed with the preparation of the project and agrees to complete said preparation within the time period set forth in Exhibit A.

3. COMPENSATION.

Consultant agrees to accept a sum not to exceed $383,350 (maximum compensation) as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit A and for performance by Consultant of all of its duties and obligations under this Agreement.

The Compensation shall be paid pursuant in the manner and at the times set forth below:

City shall pay Consultant on a firm-fixed fee basis for Consultant’s actual costs for all work called for in Exhibit A of this Agreement. The firm-fixed fee is inclusive of all travel, reimbursables, and deliverables per each task. Consultant shall submit monthly invoices to City which shall include a brief description of the services provided and percentage of Scope of Work completed to date.

Additional services may be authorized by the Parks, Recreation and Neighborhoods Department Director in an amount up to, but not to exceed 10% of #3..
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the agreed maximum compensation, or $38,335. In the event that additional services are deemed necessary, the Consultant shall provide a written request to the Director indicating the reason for additional work, scope and cost of such work. The Director shall provide a written response to the request, either approving or denying the additional expenditure. If additional services are requested and approved, they will be billed at the hourly rates set forth in Exhibit “B” and may not exceed the amount requested and approved in writing by the Director. In that event, the new total compensation shall not exceed $421,685. If additional services in excess of this amount are deemed necessary by City Staff, an amendment to this Agreement will be required and must be approved prior to commencing the work.

4. OBLIGATIONS OF CONSULTANT.

Throughout the term of this Agreement, Consultant shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business. Consultant warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the City with the services contemplated by this Agreement.

Consultant further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.

5. PERFORMANCE BY KEY EMPLOYEE.

Consultant has represented to City that Art Thatcher, will be the person primarily responsible for the performance of the services referred to in this #3..
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Agreement. City has entered into this Agreement in reliance on that representation by Consultant. Consultant therefore agrees that Art Thatcher shall commit thirty percent (30%) or more of the time to be devoted to the project that is the subject of this Agreement will be that of the above-named person.

6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

Ownership of Documents
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the City, and may be used by City as it may require without any additional cost to City. No reports shall be used by the Consultant for purposes other than this contract without the express prior written consent of City.

Title to Data
If, as a part of this Agreement, Consultant is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of all such data generated under this Agreement will be delivered to City upon the completion or termination of services under this Agreement.

All materials, documents, data or information obtained from the City data files or any City medium furnished to Consultant in the performance of this Agreement will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Consultant after termination of this Agreement without written consent of the City.

7. NEWS AND INFORMATION RELEASE.
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Consultant agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from City through the City Manager.

8. CONFLICT OF INTEREST.

Consultant warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would create a “conflict of interest”, as that term is defined in the Political Reform Act (Gov. Code § 81000 et seq), for the Consultant in the performance of this Agreement. Consultant warrants that, in performance of this Agreement, Consultant shall not employ any person having any such interest.

Consultant understands that, if this Agreement is made in violation of Government Code § 1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed. Consultant agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this contract if so required at the option of City.

9. AMENDMENTS.

This Agreement, including the Exhibits attached hereto, may be amended only by a writing signed by both Parties. City will not be responsible to pay any charges Consultant may incur in performing services not identified in Exhibit ‘A’ unless first authorized by the City in writing.

10. INDEPENDENT CONTRACTOR.

All acts of Consultant, its agents, officers, and employees and all others acting on behalf of Consultant relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or #3..
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employees of City. Except as City may specify in writing, Consultant has no authority to bind or incur any obligation on behalf of City. Consultant has no authority or responsibility to exercise any rights or power vested in the City. It is understood by both Consultant and City that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.

Consultant, its agents, officers and employees are and, at all times during the terms of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of City.

Consultant shall determine and control the method, details, and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of the Consultant in fulfillment of this Agreement. Consultant is permitted to provide services to others during the same period service is provided to City under this Agreement. If necessary, Consultant has the responsibility for employing other persons or firms to assist Consultant in fulfilling the terms and obligations under this Agreement.

If in the performance of this Agreement any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Consultant. #3..
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It is understood and agreed that as an independent contractor and not an employee of City neither the Consultant or Consultant's assigned personnel shall have any entitlement as a City employee, right to act on behalf of the City in any capacity whatsoever as an agent, or to bind the City to any obligation whatsoever. It is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant's personnel.

11. ASSIGNMENT.

Neither this Agreement nor any portion thereof shall be subcontracted or assigned without the express prior written consent of the City in each and every instance.

12. PATENT/COPYRIGHT MATERIALS.

Unless otherwise expressly provided in the contract, Consultant shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of this Agreement. Consultant shall furnish a warranty of such right to use to City at the request of City.

13. NOTICES.

Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon receipt provided that such are delivered in accordance with the provisions of this Section. Notices shall be delivered either by: (a) personal delivery (including delivery by an overnight courier service which obtains #3..
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confirmation of receipt); or (b) by facsimile, provided that such transmission is followed by delivery by an overnight courier service which obtains confirmation of receipt; or (c) postage prepaid, return receipt requested, certified mail; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:

FOR CONSULTANT: Name: BerryDunn
Address: 2211 Congress Street
Portland, ME, 04102
Attention: Art Thatcher, Project Manager
Phone: (757) 592-3103
Email: [email protected]
FOR CITY: Name: City of Modesto
Address: P.O. Box 642
Modesto, CA 95353
Attention: Jeremy Rogers, CPRP
Phone: (209) 577-5347
Email: [email protected]

14. INSURANCE REQUIREMENTS.

The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the City by certified mail, return receipt requested, for all of the following stated insurance policies.
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In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days notice of the cancellation on the policies of insurance required hereunder (10 days notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice.

The Consultant shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled. (a) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000.
(b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable. #3..
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(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage. (d) Professional Liability insurance with a minimum limit of $1,000,000 per claim and policy aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.

If at any time any of said policies shall be unsatisfactory to the City, as to form or substance, or if a company issuing such policy shall be unsatisfactory to the City, the Consultant shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the Consultant to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the City, may be forthwith declared suspended or terminated. Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; #3..
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and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.

CONSULTANT shall provide CITY with separate endorsements evidencing proof of the CITY’s additional insured status as to both the general liability and automobile liability insurance policies. In addition, CONSULTANT shall provide CITY with a Workers Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number.

For any claims related to this project, the CONSULTANT’S insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the CONSULTANT’S insurance and shall not contribute with it.

15. TERMINATION OF AGREEMENT.

Termination for Default
In the event either party fails to perform under this AGREEMENT or breaches any condition contained herein, the other party shall notify in writing the breaching party of the non-performance. Within 10 days after receipt of notification, the breaching party shall correct any non-performance to the reasonable satisfaction of the non-breaching party, or such other time as may be identified in the notice. Failure to #3..
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correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.

Termination by City for Convenience
City may cancel this Agreement at any time, with or without cause, upon written notification to Consultant.

Post-Termination Procedure
Upon receipt of a written notice of termination, the Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination; b. Terminate all orders and Subcontractors except as
necessary to complete any portion of the Work that is not terminated; c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the Work not completed or undertaken, including materials not delivered;
d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the Consultant in performing the Work whether completed or in process;
e. Settle outstanding liabilities and claims, subject to the approval of City;
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f. Complete performance of such part of the Project as has not been terminated;
g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Project and/or property related to the Project;
h. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project.
i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain unacceptable and/or not useful to City as of the termination date.

City will pay Consultant for work actually completed prior to the receipt of the termination notice or otherwise completed in accordance with the notice of termination. The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
(a) The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or contracts for materials; (b) The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.
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16. INDEMNITY.

The Consultant shall hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense that in no event shall exceed the Consultant’s proportionate level of fault, arising directly out of any negligent or intentional act or omission of Consultant, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement.

Consultant's obligation to defend, indemnify, and hold the City, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for Consultant to procure and maintain a policy of insurance.

In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

17. DISPUTE RESOLUTION.

Venue for all claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, #3..
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enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this contract provision shall be in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California.

18. ATTORNEYS’ FEES.

If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

19. ENTIRE AGREEMENT.

This Agreement and its exhibits contain the entire understanding between Consultant and City. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement.

20. PARTIAL INVALIDITY.

If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

21. WAIVER.

The waiver by any party to this Agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing. #3..
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22. AUDIT.

The City's duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Consultant's charges to City under this Agreement.

Consultant agrees to retain reports, records, documents, and files related to charges under this Agreement for a period of four (4) years following the date of final payment for Consultant services. City's representative shall have the right to reproduce any of the aforesaid documents.

23. GOVERNING LAW.

This Agreement shall be governed according to the laws of the State of California.

24. HEADINGS NOT CONTROLLING.

Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement.

25. COMPLIANCE WITH LAWS.

Consultant shall insure compliance with all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws. Consultant shall fully comply with all applicable federal, state, and local laws, ordinances, regulations and permits.

26. CITY BUSINESS LICENSE.
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PRMP Draft 4 2024-11-13
Consultant shall have a City of Modesto business license for the entirety of the term of this Agreement.

27. NON-DISCRIMINATION CLAUSE.

During the performance of this Contract, Consultant and its subconsultant shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Contract by reference and made a part hereof as if set forth in full. Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

Consultant shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Contract. #3..
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PRMP Draft 4 2024-11-13
IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2024- , adopted by the Council of the City of Modesto on the day of , 2024, and Berry, Dunn, McNeil & Parker, LLC, a Maine limited liability company has caused this agreement to be duly executed in duplicate as of the Effective Date. #3..
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Exhibit “A”
Scope of Work
City of Modesto
Parks and Recreation Master Plan
(From proposal dated August 20, 2024)
Exhibit “A” -1-
Below and on the following pages, we present our work plan to achieve the City’s goals and develop a plan that allows the City to achieve a commitment to provide fair and just access to high-quality parks, green space, recreation facilities, and programs. This plan will serve as the City’s inaugural Parks and Recreation Plan and will offer implementable recommendations for the future.

Phase 1: Discovery
 1.1 Develop a Project Work Plan and Schedule.

We will develop a Project Work Plan and Schedule, which will outline our communication and scope; review a timeline to schedule project meetings; and confirm stakeholder groups. In addition, the Project Work Plan will incorporate agreed-upon procedures between BerryDunn and the City related to project control, including quality management and deliverable submission/acceptance management.
• Deliverable 1: Project Work Plan and Schedule
 1.2 Facilitate a Kickoff Presentation.

We will conduct an on-site kickoff workshop with the City’s project team that will serve as an opportunity to introduce our project team members, discuss project goals, present our project approach and methodology, review the final schedule of key project dates, and answer any questions. While on-site, we will also tour relevant areas of the system to assess physical resources, user experience, and staff environments. At this meeting, we will establish a Master Plan Vision and Goals.
• Deliverable 2: Master Plan Vision and Goals
 1.3 Analyze Demographics and Population Projections.

We will conduct a demographic analysis and market profile of the City. Our team will utilize all information available from previous planning efforts, Stanislaus County, the U.S. Census Bureau, Esri, and other national and local sources.
 1.4 Analyze Trends.

Our team will lead a strategic trends analysis that will consider demographic shifts and their impact on future parks, waterways, open space, and trails provisions. This analysis will identify interest and participation levels for a variety of activities and assess how services are provided through both administrative and planning trends.
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Exhibit “A”
Scope of Work
City of Modesto
Parks and Recreation Master Plan
(From proposal dated August 20, 2024)
Exhibit “A” -2-
Phase 2: Evaluate Existing Conditions
 2.1 Conduct a Data Review.

We will submit an information request to the City’s project team to gather applicable documents and data. We may request recent and current planning work, including:
• General Plan
• Individual park master plans
• Budgets, work plans, staffing plans, and other relevant documents  2.2 Conduct Facility Inventory and Resource Mapping.

Our team will utilize all available base geographic information systems (GIS) materials to compile an updated assessment of parks and recreation amenities within the City. We will supplement the inventory with various tasks including, but not limited to research, mapping, and personal inspection and conditions of parks and recreation facilities and assets as needed.

We will collect and classify park components. By combining these metrics with demographics information and findings from other tasks, we will tailor our deliverables to target City-specific issues, needs, and community goals.
 Deliverable 3: Inventory Atlas
 2.3 Prepare an Inventory and Analysis of Programs.

We will develop an inventory of existing programs and subsequently compare the inventory to feedback from community engagement. This will help ensure program offerings are aligned appropriately with community needs. The program and services inventory will be matched up to the inventory and analysis to help ensure there are appropriate spaces for the future program menu.

The analysis process will begin with an interactive workshop with City staff to review issues, challenges, strengths, and weaknesses of programs and services. An inventory of core programs will be developed and analyzed according to program life cycle distribution, gap analysis, and age segment analysis.

We will review program performance trends and consider their impact on the City, and we will conduct a participation analysis and financial performance review. Based on our data review, we will develop mapping visuals illustrating where the City’s programs and services are offered.  Deliverable 4: Recreation Analysis
 2.4 Evaluate Level of Service.

Using the City’s demographic profile, stakeholder engagement results, and inventory, we will assess the quality and quantity of parks and recreation programs, facilities, and amenities. We will evaluate the adequacy based on size and location in relation to existing and future population. We will also make recommendations for minimizing duplication and/or enhancing possibilities for collaborative partnerships where appropriate.
 Deliverable 5: Level of Service Analysis
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Exhibit “A”
Scope of Work
City of Modesto
Parks and Recreation Master Plan
(From proposal dated August 20, 2024)
Exhibit “A” -3-
 2.5 Conduct Benchmarking and National Comparisons.

To help ensure the City and its community have a clear understanding of the key topics and trends influencing the next several years, we will look at comparative trends and available benchmarks for financial sustainability, asset management, programs and services, and related planning aspects using NRPA benchmarks. Additional topics may be identified to help understand and prioritize other community concerns, including but not limited to sustainability and resilience, social equity and affordability, and other industry trends.  2.6 Identify Potential Partners.

Our team will include alternative providers of parks and recreation assets and programming in the inventory. We will use this information and results of the community engagement to identify potential partners in the Modesto community.
 2.7 Identify Cultural, Recreation, and Sports Tourism Opportunities.

We have worked with multiple communities with a significant tourist population, and we understand how high-quality parks, recreation, and cultural assets can attract visitors. We will use the results of the inventory and needs assessment to identify potential opportunities to draw in tourists for sports tournaments, cultural programming, and recreation opportunities.  2.8 Conduct a Statistically Valid Survey.

BerryDunn is a strong proponent of including surveys as part of all planning projects to accurately reflect the quantitative needs of a community. A statistically valid survey is the only defensible mechanism that provides feedback from non- users, who are most likely taxpayers.

We will work with ETC to create a survey to be mailed to a representative sample of households within the City with an online, open link survey for people who did not receive the survey in the mail.

The survey will provide critical information in determining community values, satisfaction levels, needs and priorities, preferred marketing channels, level of awareness, current usage levels, and demographic information for long-range planning efforts. • Deliverable 6: Survey Report and Analysis
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Exhibit “A”
Scope of Work
City of Modesto
Parks and Recreation Master Plan
(From proposal dated August 20, 2024)
Exhibit “A” -4-
Phase 3: Evaluate Staffing Structure
 3.1. Develop an Organizational Assessment.

The BerryDunn team will assess the general organizational performance of the City’s Parks, Recreation, and Neighborhoods Department to look for potential efficiencies, including an analysis of current policies, procedures, processes, and business planning efforts. We will also analyze available previous planning efforts, historical perspective of parks, recreation, trails, and open space in the community, customer satisfaction, retention, and other performance indicators. This process will help to ensure an efficient organization of City resources. From this assessment, we will recommend changes in the current structure and help the City maintain appropriate staffing levels for future growth.
 Deliverable 7: Organizational Analysis
Phase 4: 2023 Plan Implementation
 4.1 Incorporate the 2023 Fund Development Plan and Implementation Strategy.

Our team will assess relevant information from the 2023 Park and Recreation Fund Development Plan and evaluate it alongside results from Phases 1-3. We will then recommend future steps for the Department to implement the plan. BerryDunn completed this project, and Art Thatcher led its development.

Phase 5: Outreach and Engagement
 5.1 Conduct status update meetings.

We will conduct monthly status update meetings with the City’s project manager to communicate current and anticipated project management needs, provide updates on project progress and the schedule, and discuss potential risks and issues.
 5.2 Create a Detailed Engagement Strategy.

To reach a broader section of community members, we have proposed a hybrid approach for this master planning project. We chose this approach for the following reasons:
• An interactive, virtual project site can give residents a “home base” to give opinions and check on ongoing events. This consistent access to project communication will support our stated goal to engage the community throughout the engagement. • In-person events will play a key role in reaching disconnected community groups or groups with limited access to technology.
• Multiple channels of engagement will support efforts to include users and non-users within the City’s system.

As we develop a Detailed Engagement Strategy with the City we will discuss both virtual and inperson options, identify and describe methods of community involvement, identify key stakeholders, create a schedule for public input events and surveys, develop a schedule for the promotion and #3..
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Exhibit “A”
Scope of Work
City of Modesto
Parks and Recreation Master Plan
(From proposal dated August 20, 2024)
Exhibit “A” -5-
coordination of stakeholder input events, and identify specific stakeholder interview and focus group questions.
 Deliverable 8: Detailed Engagement Strategy
 5.3 Develop a Project Website and Engagement Portal.

We will work with City staff to create a customized project website to inform the community and provide a means to share valuable input. We will collaboratively determine which tools will best serve the desired outreach outcomes. We look forward to discussing and customizing this site to reflect the needs and desires, goals and objectives, and community culture.

Note: Our team will plan to maintain the project website throughout the planning process to keep residents and staff up to date on project progress and promote any participatory events.  5.4 Conduct Internal Leader and Staff Activities.

Internal engagement with the City will include interviews and focus groups with leadership, management, and staff to conduct fact-finding activities, focusing on recreation programs, services, and facility operations.

Staff perspectives are extremely important, and our approach intentionally involves staff throughout the entire process, as they will have responsibility for implementing the recommendations.  5.5 Facilitate Stakeholder Meetings.

To gather information related to needs and interests, we will hold meetings with key stakeholders composed of community leaders from the City, school district representatives, user groups, homeowner associations, neighborhood associations, friends groups, alternative providers, and other groups or individuals as identified.
 5.6 Host Public Input Sessions.

Our team will facilitate a combination of in-person and virtual public focus groups for a total of eight to collect input from key community stakeholders. We will seek input from businesses, nonprofits, public agencies, and volunteer partners, as well as any neighborhood alliances and representatives. Further, we will routinely reach out to representatives of identified underrepresented population groups.

The assigned groups, community activities, and locations are suggestions; we anticipate working with the City to identify which groups and individuals will participate in engagement activities. We can also host pop-up engagement with booths at City events, if needed. We will discuss the final public input strategy during kickoff.
 5.7 Meet With City Advisory Committees and Council.

Throughout the course of the Parks and Recreation Master Plan, we will meet with interested City advisory committees and the City Council. We will facilitate a total of 10 meetings with these groups including presentations of the draft and final documents. #3..
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Exhibit “A”
Scope of Work
City of Modesto
Parks and Recreation Master Plan
(From proposal dated August 20, 2024)
Exhibit “A” -6-
Phase 6: Community Needs Assessment
 6.1 Prepare a Maintenance Assessment.

We will assess the performance of City parks and recreation properties and facilities to look for potential efficiencies, including identifying deferred maintenance, assessing future maintenance, repair, or enhancement needs, and identifying current maintenance policies and protocols. This process will help ensure efficient organization of City resources. Among the key activities of an effective planning process is the intentional effort to analyze the operational structure of the system related to maintenance. We will assess the City’s maintenance capacity, synergies, efficiencies, growth areas, and other important characteristics that can be enhanced or improved.
 6.2 Analyze Financial and Funding Resources.

BerryDunn will conduct an overview analysis of existing funding to understand how the City is meeting current needs and based on recommended improvements, determine if current funding sources are sufficient for both capital and operational costs. Based on the strategic recommendations that arise out of the needs assessment, we will identify probable operating, maintenance, and capital costs and recommendations for potential funding sources and mechanisms for the next 10 years.

BerryDunn brings extensive experience in evaluating options for alternative funding. Alternative funding typically includes grants, donor programs, and/or partnerships. Our project team will identify key partners in the area through the planning process and can provide management recommendations to enhance this potential funding area.

Note: This task does not include procurement of alternative funding, but this can be addressed separately if desired.
 6.3 Analyze Fee System.

Our project team will interview staff and stakeholders and review applicable fee schedules and budgets. We will use this information to assess the City’s fees and charges for activities, programs, and services as they relate to expenditures and revenue requirements. We will examine the customer service culture, complete a personnel analysis, and develop an initial cost of service model. Our goal will be to identify key direct and indirect resources related to service delivery. We will then project full cost of all City activities, programs, and services, and where applicable any additional services the City provides. We will develop recommendations and cost recovery targets consistent with revenue requirements and expense projections.  6.4 Identify Opportunities to Enhance the System.

Using results of the level of service analysis, we will identify opportunities to enhance the system with public art and technology. We will also evaluate the system in relation to demographics and make recommendations for enhancing equitable service delivery across the system. #3..
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Exhibit “A”
Scope of Work
City of Modesto
Parks and Recreation Master Plan
(From proposal dated August 20, 2024)
Exhibit “A” -7-
 6.5 Assess Gaps.

We will analyze the information on usage, needs, desires, operations, maintenance, land use trends, and make recommendations. We will identify areas of service shortfalls and projected impact of future trends. We will include programs and amenities offered by alternative providers into this analysis.
 Deliverable 9: Gaps Analysis and Needs Assessment
Phase 7: Recommendations
 7.1 Compile and Present Findings.

We will compile initial findings from the inventory, demographics, and needs assessments and prepare a summary findings presentation for staff, City leadership, decision makers, other stakeholders, and the public to validate the accuracy of the findings. During this stage, we will confirm that all information identified and collected thus far is correct, and we will ask all stakeholders to share any additional issues or opportunities for consideration as we prepare to move forward into analysis and recommendations.
 7.2 Develop Goals, Objectives, and an Action Plan.

Following the workshops and public presentation, we will develop Goals, Objectives, and an Action Plan. The Action Plan will contain action steps, mission and vision, strategic themes and objectives, key performance indicators, and mid- and long-term initiatives. The plan will also present prioritized strategic initiatives based on input from the workshops, aligned with a clear timeline for implementation. Our prioritization work will also include the cut sheets outlining facility, open space, capital development, and land acquisition methodology recommendations.

Recommendations will be partially based on results of the statistically valid survey to support them.
 7.3 Prepare Park Development Standards.

We will evaluate the City’s existing park development standards. Using information from Phases 1-6, we will make recommendations to update them.
 7.4 Prepare Park Maintenance Standards.

Our team will use the results of the inventory, benchmarking assessment, and maintenance analysis to develop park maintenance standards.
 7.5 Prepare a Capital Improvement Plan.

Our team will develop the Capital Improvement Plan (CIP) including development of a long-range prioritized capital projects list and recommendations for developing a capital replacement program.

The CIP development will incorporate identified priorities for parkland acquisitions, as well as current capital costs for components and elements provided by BerryDunn as recommendations in the Master Plan.
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Exhibit “A”
Scope of Work
City of Modesto
Parks and Recreation Master Plan
(From proposal dated August 20, 2024)
Exhibit “A” -8-
Phase 8: Prepare Final Plan
 8.1 Prepare a Draft Plan.

We will summarize and synthesize all research and stakeholder input and develop recommendations and priorities into a Draft Parks and Recreation Master Plan. We will work with the City’s project team to prioritize recommendations, balancing needs and cost/benefit analyses, capacity of the City, and potential budgetary realities. The result will be a set of recommendations phased into immediate, near-term, and long-term time frames that address goals and action strategies.
• Deliverable 10: Draft Parks and Recreation Master Plan  8.2 Facilitate Review Sessions.

We will present the Draft Parks and Recreation Master Plan for review at 30%, 60%, and 90%. We will also present the Draft Parks and Recreation Master Plan to City advisory committees for review.
 8.3 Deliver a Final Presentation.

We will present the updated Parks and Recreation Master Plan to City leadership and advisory boards to provide an opportunity for them to ask questions and request final edits.  8.4 Finalize the Plan.

After implementing edits and submitting to the City’s for review after our presentation, we will develop the Final Parks and Recreation Master Plan. The final plan will be placed on the City’s website for public access, and we will encourage additional public announcement and communication with residents about ongoing implementation updates to continue progress toward the City’s desired future.
• Deliverable 12: Final Parks and Recreation Master Plan #3..
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Exhibit “A”
Scope of Work
City of Modesto
Parks and Recreation Master Plan
(From proposal dated August 20, 2024)
Exhibit “A” -9-
TASK SCHEDULE.

Below, we provide our anticipated schedule for completing the City’s requested scope of work. We expect this project to take approximately 12 months, and we look forward to working in collaboration with the City to formalize this schedule. We are happy to expedite or elongate this process as necessary to accommodate the City’s needs while maintaining momentum throughout the work effort #3..
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Exhibit “A”
Scope of Work
City of Modesto
Parks and Recreation Master Plan
(From proposal dated August 20, 2024)
Exhibit “A” -10-
FEES.

The following chart presents our proposed costs for completing the City’s requested scope of work. We propose a firm fixed-fee, inclusive of all time, materials, and travel. If additional time or on-site work is required to deliver the proposed scope of services, we are committed to delivery at that level with no cost to the City.

These costs were developed based on the following factors:
 Our detailed work plan narrative presented in our proposal.  Our staffing plan and resource allocation, which provides the City with the appropriate number of resources and the ideal level of expertise to complete the tasks defined in the RFP.  Our experience conducting projects of similar scope and size. #3..
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Exhibit “B”
Fee Schedule
City of Modesto
Parks and Recreation Master Plan
Exhibit “A” -1-
Additional services may be authorized by the Parks, Recreation and Neighborhoods Department Director in an amount up to, but not to exceed 10% of the agreed maximum compensation, or $38,335. In the event that additional services are deemed necessary and approved by the Director, the additional services will be billed at the hourly rate set forth below:

Hourly Rate: $298
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Parks, Recreation and Neighborhoods Department
1010 Tenth Street, Suite 4400
Modesto, California 95354
209.577.5344
Modestogov.com
INF RFP PPD24-22 Request for Proposals (RFP):

Parks and Recreation Master Plan for City of Modesto
Proposal Release: July 16, 2024
Proposal Due: Tuesday, August 20, 2024 by 11:00AM
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Dear Prospective Consultant:

The City of Modesto (City) seeks the services of a highly qualified consulting firm (Consultant) with proven expertise in recreation facility planning, recreation program assessment, community outreach, financial analysis, department policies and procedures analysis, and organizational analysis, to prepare a comprehensive Parks and Recreation Master Plan (Master Plan). The City currently does not have a Parks and Recreation Master Plan. The City seeks a concise, user-friendly Master Plan that will establish a framework for decision-makers in the planning, programming, operation, maintenance and development of Modesto’s parks, recreation areas, open space, trails, and recreation facilities over the next ten (10) years.

Comprehensive public outreach and inclusive engagement with the Modesto community will be a fundamental component of this Master Plan. A strategic priority for the City is to practice respect, equity, and inclusion citywide. The City desires a Master Plan that reflects the needs and desires of all members of the community. Consultants responding to this Request for Proposals (RFP) must demonstrate an ability to effectively engage all populations in this project.

If you wish to be considered for this work, please submit five-(5) hardcopies of your proposal, one-(1) flash drive duplicate digital copy of your proposal and (1) sealed cost proposal to be delivered to the City by 11:00AM, Tuesday, August 20, 2024 to:

City of Modesto
City Clerk’s Office on behalf of the Parks, Recreation and Neighborhoods Department Attention: Jeremy Rogers, Director
1010 Tenth Street, 6th Floor, Suite 6600
Modesto, California 95354
A selection committee will evaluate all Proposals submitted; however, the RFP does not commit the City to award a subsequent Agreement for Consultant Services, to pay for any costs incurred in preparation or presentation of the Proposal, or to procure a contract for services. Following the selection committee’s evaluation of the Proposals, interviews may be conducted, and your firm may be contacted to schedule an interview date. Afterwards, the City may select a consultant to proceed with the Master Plan. The selection criteria for evaluating the submitted documents are included in this RFP.

This RFP contains specific instructions and requirements for preparing and submitting a Proposal. Due to scheduling, requests to meet with City staff to discuss the request for proposal will not be considered. #3..
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PROJECT BACKGROUND
The City of Modesto was founded as one of the San Joaquin Valley’s railroad towns in 1870 and has a current population of about 220,000 residents. Modesto is the seat of and largest city within Stanislaus County encompassing a total incorporated area of 37 square miles and has a total Urban Area General Plan area of 66.7 square miles. Modesto is a relatively young and diverse community with an average age under 35 years. From 2012 to 2017 Modesto grew about 5%; a healthy manageable rate. The city’s population growth has been concurrent with faster job growth; between 2012 and 2017 the percentage of the population employed rose from 82% to over 90%. Businesses are prospering with commercial and industrial vacancy rates at historic lows. The city of “Water, Wealth, Contentment, and Health” is a proud community motto.

Modesto is a desirable community to live that has something to offer everyone: a vibrant downtown, unique neighborhoods, historic architecture, family-friendly parks, thriving urban forest and active citizenry with abundant community traditions and multi-cultural vibes. The quality of life in Modesto is one of its most attractive features. Many urbanites have relocated to this welcoming community for its variety of amenities, reasonable housing prices, reputable school districts, and access to open spaces.

Modesto is close to Yosemite National Park, Northern California coastal resort communities, San Francisco, Sacramento, the state’s world-famous wine country, and numerous popular venues for outdoor recreation. Winter sports opportunities are also within an easy drive of the city. Modesto serves as an entertainment center for the Central Valley with a variety of venues, including the Gallo Center for the Arts, the Modesto Symphony Orchestra, and a Class A baseball team.

Modesto is twice blessed with year-round mild weather and some of the world’s richest agricultural soils. Agricultural contributions from the local area include almonds, apricots, tomatoes, peaches, walnuts, and poultry products.

Modesto offers the diversity of a larger metropolitan city (Ethnicity: 45% Hispanic, 38% White, 8% Asian, 5% Black or African American, 3% Multiracial, 0.5% American Indian and 0.5% Pacific Islander) yet maintains a small-town character of hospitality and affordability without the commute or congestion of other urban centers.

A full-service city, Modesto has a total 2025 proposed budget of $579 million and employs 1,453 fulltime employees. Modesto is a Charter City that is governed by a Council-Manager form of government.

The Modesto City Council consists of seven members, including the mayor, all elected for four-year overlapping terms.

The City Council appoints the City Manager, who serves as the Chief Executive Officer overseeing all departments. The City Manager delegates hiring responsibilities and supplemental duties to ten Department Directors in the areas of:
• Community and Economic Development
• Parks, Recreation, and Neighborhoods
• Finance
• Information Technology
• Public Works
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• Utilities
• Engineering Services
• Human Resources
• Police
• Fire
The Parks, Recreation, and Neighborhoods Department serves the citizens of Modesto through planning and maintaining quality recreational programming, community centers, active neighborhood engagement, and a variety of cultural awareness events. Furthermore, the Department takes a hands-on approach to development and maintenance of community destinations, attractions, and overall planning of the city’s vibrant parks and trail systems. The Department offers numerous services and programs based on the following guiding principles: accessibility, inclusivity, affordability, equity, diversity, sustainability, and flexibility.

Within the City’s Park and trail system are seventy-five (75) community, neighborhood, and regional parks and over seventeen (17) miles of trails. No matter where you are in Modesto, you can find yourself within ½ mile of a city park. The City’s parks feature many different amenities, including an outdoor amphitheater, playgrounds, picnic pavilions, ballfields, soccer fields, basketball courts, tennis courts, pickleball courts, volleyball courts, skate parks, dog parks, splash pads, disc golf course, horseshoe pits, and wading pool.

The City has two financial assistance programs. The first is Leisure Bucks – A financial assistance program, funded through proceeds from the annual Modesto Spirit of Giving 5k Run, for low-income youth, disabled adults, and seniors. The second is the Parks Partners Program – A program to assist in Community-initiated projects at City parks and facilities.

The Department consists of five (5) Divisions as outlined below:

Department Administration & Facilities Division:

The Administration and Facilities Division is responsible for the overall administration of the Department, facilities management, and guest services. It oversees the management and operation of the Modesto Centre Plaza (convention center), John Thurman Field (minor league baseball stadium), and two municipal golf courses. The guest services team coordinates reservable park, facility, and field rentals as well as class registrations for all recreation programs and activities.

Recreation and Neighborhood Services Division:

The Recreation and Neighborhood Services Division plans and operates all the recreational programming within the Department, additionally hosting several large-scale community events throughout the year. Popular events include the Spirit of Giving Run (marathon), Celebration of Lights (holiday) Parade, Breakfast with Santa, and Summer Kick-Off (aquatic party). Community participation ranges from (300-25,000) + per event. This Division also offers a wide variety of volunteer opportunities that foster civic pride and are centered on neighborhood engagement, cultural awareness, and community partnerships. Each year, over (3,500) volunteers assist the City with organized special events, park, trail, habitat and river clean-ups, and tagging abatement projects. #3..
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Park Operations Division:

The Park Operations Division is responsible for maintaining all (75) City parks, recreation trails, recreation facilities, pools, splash pads, open space areas, paved sidewalk, ballfields, tennis courts, play areas, restrooms, and picnic areas. Division staff prepare park sites daily for picnic and sport field rentals and provide preparation and clean-up services for select community events. The Division oversees the City’s landscaping contract with Grover Landscaping Incorporated. In addition, the Division provides vegetation management including establishing fire breaks, and abatement (weeds, tagging, illegal dumping, and homeless) services throughout the City.

Parks Planning & Development Division:

The Parks Planning & Development Division provides current and future planning for parks and facilities, including park renovations and new construction projects. The Division prepares and submits most of the Department’s applications for State and Federal capital improvement grant funding requests, oversees management of the Tuolumne River Regional Park Joint Power Agreement, and oversees the City’s “Park Partners Program” which offers community groups the opportunity to partner with the Department to make improvements to their neighborhood parks and amenities. Furthermore, the Division provides landscape and irrigation construction plan review and inspections services for commercial and residential development.

Cultural Services Division:

The Cultural Services Division manages, programs, and operates the McHenry Museum and McHenry Mansion in addition to providing administrative oversight of the Culture Commission. The Culture Commission is a Citizen’s Advisory Board that provides input regarding cultural resources within the city.

Several of the Department’s larger facilities, parks and programs are listed below:

Modesto Centre Plaza:

The Modesto Centre Plaza is a full-service convention center with over 22,000 square feet of meeting space. The facility hosted a pre-pandemic average of 400 events and draws thousands of visitors to downtown Modesto annually with a wide range of special events, conferences, conventions, and trade shows. Additionally, Modesto Centre Plaza is widely used by non-profit organizations throughout the region, as it currently offers a reduced rental rate for non-profit groups.

McHenry Mansion & McHenry Museum:

These historic properties provide an educational opportunity to step back in time to the early days of Modesto and Stanislaus County. The McHenry Mansion is the restored home of Robert McHenry. The home was built in 1883 and is recognized as one of the finest homes in Stanislaus County. The McHenry Museum, housed in the old McHenry Library, contains exhibits that tell stories from bygone eras. Both facilities are in downtown Modesto and are open for tours, field trips, and available for private rental.

Golf Courses:

The City owns and operates two 18-hole courses - Dryden Park Golf Course and Creekside Golf Course.

The City additionally owns a 9-hole municipal golf course parcel, but this course has been closed since March 2020.
• The Dryden Park Golf Course consists of a 6,574-yard golf course built on 140 acres in the late 1950’s. It is adjacent to the Tuolumne River Regional Park with river views. The course appeals #3..
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to golfers of all levels from beginner to expert and has medium-size tees, average-width treelined fairways, and medium to large greens. It features a full-service driving range and practice putting and pitching greens. Dryden averaged 30,500 rounds over the last three fiscal years.

The clubhouse was damaged by fire and was demolished, a new full-service clubhouse is anticipated to begin construction by Spring 2025.
• Creekside Golf Course opened for play in September 1991, measuring approximately 6,800 yards and built on 160 acres. Creekside has three lakes, undulating greens, large tees, narrow fairways, and many sand traps. The course appeals to all levels of golfers from beginner to expert. A portion of the course is located near the Dry Creek Regional Park and Trail. Creekside has averaged 48,000 rounds over the last three fiscal years.

John Thurman Field:

John Thurman Field is a professional league baseball stadium, and home to the Modesto Nuts single “A” minor league baseball team. The latest full renovation of the facility was in 1997, but there have been numerous portions of the facility that have been repaired or replaced since 1997. The facility was constructed in 1955 and holds up to 7,000 people for special events. The facility is currently operated by the Modesto Nuts, owned by the Seattle Mariners.

Tuolumne River Regional Park (TRRP):

TRRP consists of over 500 acres of parkland that runs through Modesto along seven river miles of the Tuolumne River from the Mitchell Road Bridge on the eastern edge to the Carpenter Road Bridge on the western edge. TRRP is maintained and operated through a joint-powers agreement between the three partner agencies (City of Modesto, City of Ceres, and Stanislaus County), with the City of Modesto being the Managing Partner. Five major areas make up TRRP including the Legion Park/Airport Area, the Gateway Parcel, Mancini Park, the Dryden Park Golf Course Area, and the Carpenter Road Area. TRRP is a regional recreation destination. The park boasts large tree-shaded group picnic areas, sports fields, bicycle and walking paths, fishing access, and open space available to house large community or private events. The city is currently in the process of updating the TRRP Master Plan (expected completion early 2025) and this document will inform the Parks and Recreation Master Plan.

Community Centers:

The Recreation Division offers extensive programming and recreational opportunities at the Maddux Youth Center, Modesto Senior Citizens Center, and Neighborhood Center at Marshall Park. These community centers serve over 1,000 participants per month and operate safe, fun, and educational activities in a controlled environment. Additionally, the Department operates the King-Kennedy Memorial Center and the Airport Neighborhood Community Center in partnership with other community non-profit groups.

Child Services and After School Program:

The Recreation Division offers a wide variety of classes and activities for children. Adaptive programming for those with special needs is also offered. In addition, the Department partners with Modesto City Schools to operate after school programming for students at several local schools each school day.

Sports & Aquatics:

Programming, such as competitive and coed recreational softball leagues. The Junior Giants youth baseball and Kidz Love Soccer youth programs are just some of the sports programming offered. The Department’s Learn-to-Swim programs and senior/disabled swim programs are offered year-round in #3..
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addition to summer recreational swim. Modesto is a lead agency in the County offering American Red Cross Lifeguard Training, Advanced First Aid, and CPR Certification courses to the public to have trained and qualified aquatic professionals to keep our pools safe.

Mary Grogan Park Soccer Complex:

This modern sports complex boasts three synthetic turf and four grass turf lighted soccer fields. The complex is home to dozens of regional, state, and national soccer tournaments and special events. Free access to the facility is available to the community to play soccer midweek and fee-based reservations are available for leagues and organizations.

The Department offers rental of the following parks and facilities for community and private use:
• Boy Scout Clubhouse
• Horseshoe Pits
• Maddux Youth Center
• Mancini Bowl Amphitheater
• Mary Grogan Soccer Complex
• McHenry Mansion
• McHenry Museum
• Modesto Centre Plaza
• Community Parks
• Community Park Picnic Pavilions
• Senior Citizens Center
• Soccer Fields
• Soft & Hard Ballfields
• Tennis Courts
• Pickleball Courts
• Volleyball Courts
• Wading Pool
The Department offers a wide variety of classes and recreational programming including:
• Active Older Adults
• After School Programs
• Adaptive Recreation
• Aquatics
• Archery
• Art
• Computer Programming
• CSI Crime Solving Institute
• Dance
• Drivers Education
• Family Movie Nights
• Health & Fitness
• Sports
• STEM
• Virtual
• Youth Programs
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In 2022, Modesto voters passed Measure H, a 1% sales tax measure, adding approximately $42 million annually to the City’s general fund. The new Parks and Recreation Master Plan will play an integral role in planning, maintaining, and operating the City’s facilities and programs in the future.

The Parks, Recreation, and Neighborhoods Department has a staff of approximately seventy-two (72) full-time and three hundred (300) part-time employees with a 2024/25 proposed operating budget of $25.8 million, and an annual revenue of about $9 million, of which $2.3 million is dedicated Measure H funding. This is an exciting time in Modesto with the opportunity to build on existing facilities and programs that contribute to the mission of the Department to provide innovative recreational experiences and social enrichment opportunities for people of all ages and cultures, in a variety of safe and attractive parks, trails, landscapes, and facilities.

The City of Modesto does not have a current Parks and Recreation Master Plan. Following the passing of Measure H, additional funding has become available to make systematic improvements to the Department and its facilities, thus there is a huge need to prepare a Master Plan.

The Parks and Recreation Master Plan is one of several recent or active planning initiatives that the City has undertaken. A Facility Condition Assessment was recently completed to inventory, assess the condition, identify corrective actions, and forecast replacement of systems and components at all the City buildings. This document will be a key reference for the Master Plan.

The City is also in the process of updating its Urban Area General Plan which should be completed by Fall 2026. The selected Consultant will need to consider and coordinate with these and other studies to ensure that the findings and recommendations in the Parks and Recreation Master Plan consider and/or are compatible with other planning initiatives citywide.

PROJECT DESCRIPTION / SCOPE OF WORK
The City of Modesto is seeking proposals from qualified consulting firms to provide services to the community to develop a Comprehensive Parks and Recreation Master Plan. The City has a strong commitment to provide fair and just access to high-quality parks, green space, recreation facilities and programs for all members of the community and this Master Plan will help the City achieve this commitment. The consultant will collect and analyze data to develop a clear set of goals, policies and standards for the community’s park system, green space, trails, recreation facilities, maintenance, and program development for the next ten (10) years. The consultant will work closely with City staff and the community in preparing the Parks and Recreation Master Plan.

Modesto’s existing park infrastructure and recreational facilities have a high level of deferred maintenance and in many cases are not sufficiently meeting the needs of the community and requiring rehabilitation, relocation and or redesign to meet current and future recreational needs and community priorities. In addition, the City is growing, and is in need of park development standards to ensure that new development meets the needs of current and future residents of Modesto. The Parks and Recreation Master Plan is intended as a tool to be used to guide City decision-making related to parks and recreation planning, maintenance, programming, and funding on a long-term basis. The Master Plan shall achieve the following results, which are all described in more detail later in this RFP:
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• Establish Vision, Goals & Objectives to create a Parks and Recreation Master Plan that is viable for at least ten (10) years.
• Evaluate existing conditions of parks and facilities, incorporating related City planning documents.
• Evaluate current staff structure.
• Incorporate the 2023 Parks and Recreation Fund Development Plan and Implementation Strategy.
• Outreach to community and stakeholders through various formats and with specific stakeholders based on geographical location, feasibility, or cultural groups. • Complete a needs assessment including a gap analysis. • Develop recommendations through documentation of the priorities and interests of community and staff.
• Prepare a Parks and Recreation Master Plan Document that serves as a guide for future parks and recreation needs in Modesto.

The Master Plan will require a broad system assessment, including citywide evaluation and inventory to identify parks, recreation, facility, trail and open space resources, deficiencies, and opportunities. The selected Consultant will be expected to maintain an open dialogue with staff and to work closely with the City’s project team (Project Team) to ensure the Master Plan reflects the vision and priorities of the City and its citizens.

The following description of the scope of services is not definitive, it is intended to serve as a guide to illustrate anticipated project parameters. Prospective consulting firms are encouraged to present their own path to produce a comprehensive Parks and Recreation Master Plan based on best practices and subject matters generally covered in similar Master Plan documents, while addressing the City’s goals identified above. Proposed work plans should incorporate the use of technology for effective communication and maximum stakeholder involvement while minimizing Master Plan costs such as inclusion of electronic surveys, outreach website(s), digital meeting software, and infographics.

All digital products produced as part of the Parks and Recreation Master Plan (progress planning and final documentation) shall be ADA compliant.

Major tasks for this project should include, but not be limited to:

A. Establish Master Plan Vision, Goals & Objectives
1) Identify the background, purpose, goals, and objectives of the Master Plan a. Incorporate themes of equity and inclusion
b. Consider future trends and planning best practices for use of public space for recreation, wellness, and community bonding/engagement.

B. Evaluate Existing Conditions
1) Review applicable studies, plans, and policies.
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2) Compile an inventory and assessment of the existing parks, community facilities, open space areas and trails. The analysis should consider the capacity of each amenity (meeting rooms, playgrounds, ball fields, sports courts, trails, natural areas, amenities, etc.) as well as their functionality, accessibility, condition, convenience, and useful life. The Facility Condition Assessment will inform this effort as well as on-site assessments, as necessary. The Regional Sports Facility Study prepared in April 2002 should be considered a resource to use to evaluate sports facilities in the region. See “Attachment A” for an inventory of parks in Modesto which will also inform this effort.
3) Conduct an inventory of existing public recreation programming, including sports, arts, education, entertainment, alternative recreation, etc.; including recreation programming offered by third-party service providers to identify new/missed programming opportunities for the Department.
4) Conduct an inventory of park and recreation-related facilities and programming provided by other area providers (Modesto City School District, Sylvan Unified School District, private schools and businesses, etc.).
5) Analyze if the available inventory of park and recreation facilities within the City and immediate surrounding area are aligned with nationally recognized standards related to park acreage, active fields (baseball, softball, soccer etc.), tennis / pickleball courts and more; including comparative analysis with California State trends.
6) Analyze the current maintenance operations of the park system and the effectiveness of the current maintenance standards.
7) Identify partnership opportunities including nonprofit partnerships, private businesses, surrounding cities and districts, Stanislaus County, and national and state parks programs. 8) Conduct a study to identify opportunities for cultural, recreation, and sports tourism opportunities.
9) Conduct a study to identify the Department’s current methods of community outreach and engagement through digital and print media, and interpersonal direct communication. Conduct a statistically valid survey to assess the effectiveness of the Departments current public engagement and the public’s participation in Department recreation facilities and programs annually, compare findings with benchmark agencies.

C. Evaluate current staffing Structure
1) Analyze the current department’s organizational chart. 2) Make recommendations for changes to the current staffing structure. 3) Make suggestions for future growth in staffing as programs, events, activities, and facilities grow.
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D. Incorporate the 2023 Parks and Recreation Fund Development Plan and Implementation Strategy. 1) Use data gathered from the 2023 Parks and Recreation Fund Development Plan to determine future steps for the department.

E. Outreach and Engagement
1) Meet with Project Team and/or other key staff members during the Parks and Recreation Master Plan development to finalize project parameters, assess park conditions, understand community issues, and vet recommendations.
a. Note: Consultant shall hold meetings with the Project Team as often as necessary, but in no case less than once per month, for the purpose of progress reporting. These meetings may be held digitally but shall also include some in-person meetings when deemed necessary. 2) Develop and administer a robust public engagement campaign to assess community needs, priorities, and satisfaction with current amenities and offerings. a. Utilize explicitly participatory community engagement techniques to organize and extract input from diverse community stakeholders, including but not limited to:
▪ Interviews with key stakeholders
▪ Special interest focus groups
▪ Meetings with local agencies involved in parks, open space and recreation ▪ Community survey(s)
▪ Community meetings/workshops, sidewalk/pop-up engagement b. Note: Consultant will be expected to conduct a minimum of eight-(8) Public Workshops for this task (two of these can be virtual).
3) Develop and administer an online engagement tool that can be linked from the City’s website to share ideas with community members and keep them apprised of updates. 4) Presentations to various City advisory committees and City Council. a. Present document (draft and final) to the Culture Commission, Youth Commission, TRRP CAC, Golf Advisory Committee and/or Planning Commission for review and comment; ten- (10) meetings for this task.
b. Present document (draft and final) to the City Council for review, comment, and final direction; two-(2) meetings/workshops for this task.
5) Prepare all handouts, graphics, maps, agendas, displays, and other materials necessary for the conduct of successful meetings, workshops, presentations, study sessions, website, social media, etc.
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F. Needs Assessment
1) Conduct a comprehensive park, facilities, maintenance, and recreation needs assessment incorporating:
a. Community needs
b. Programming needs
c. Park, open space, and facility needs
d. Maintenance needs
e. Unique and underserved populations (Youth and Teens, Senior Adults, other populations identified during research and outreach activities)
f. Staffing analysis
g. Local and multi-state demographic, economic, and social trends analysis h. Comparative analysis with communities of similar size and density i. Comparative analysis with relevant national standards including, but not limited to, those established by the National Park and Recreation Association (NPRA) j. Emerging trends from national and regional studies
k. Research and analysis (from above items, existing conditions study, etc.) 2) Assess Parks Development, Maintenance and Recreational Fees and potential revenues from current and future development projects, recreation programs and facility reservations. a. Analyze the adequacy of the current fee system, and compare with other cities b. Identify financing needs, options, and alternatives
3) Identify opportunities to incorporate technology and public art to enhance existing and new amenities.
4) Identify opportunities to enhance equity and inclusion in existing and new amenities and programs.
5) Consolidate findings into a gap analysis report with short and long-term (10-year) forecasting.

G. Recommendations
1) Identify and prioritize modifications to existing parks, facilities, open space, and trails. 2) Identify and prioritize opportunities for development and/or acquisition of new parks, facilities, open space, and trails.
3) Identify and prioritize implementation of new recreation and maintenance programs and services.
a. Particular attention to be given to youth/teen, young adults, and senior populations. 4) Prepare Park Development Standards to be used for future and existing park development. #3..
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5) Prepare Park Maintenance Standards to be used for future and existing parks. 6) Recommend updates to existing parks, recreation, and open space policies and procedures.

Identify new policies where appropriate.
7) Address costs to implement recommendations, including operations and maintenance cost increases.
a. Provide recommendations to meet funding needs including, but not limited to, rental/sales revenue generation, financing options, private and public funding opportunities, and partnerships.
8) Employ statistically valid/significant analytically methods to support any findings and recommendations generalized across the entire community. 9) Recommend updates to the Department’s methods of community outreach and engagement through digital and print media, and interpersonal direct communications. 10) Provide implementation action plan for recommendations. a. Include estimates of annual costs for implementation (capital, operating, maintenance, and replacement) and identify funding sources.

H. Preparation of Master Plan Document
1) Over the course of the project, present drafts of main Master Plan components to the Project Team for review and comment including, but not limited to:
a. Outreach and engagement plan
b. Outreach/promotional collateral
c. Survey draft(s)
d. Facilities and programming inventories
e. Parks and recreation trends
f. Key findings and recommendations
2) Provide draft document segments to Project team for review at the 30% phase, 60% phase, and 90% phase.
3) Present draft document to various stakeholders, committees and commissions for review and comment including, but not limited to:
a. Culture Commission
b. Planning Commission
c. Tuolumne River Regional Park Citizens Advisory Committee d. Youth Commission
e. Golf Advisory Committee
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4) Present draft document to the City Council for review, comment, and final direction. The draft and final Parks and Recreation Master Plan shall include the following sections, at a minimum:
a. Table of Contents
b. Executive Summary
c. Market Analysis (Demographic Analysis, Recreation Trends, Benchmark Analysis & Comparisons)
d. Community Engagement (Stakeholder and Focus Group Summary, Community Online Survey Results, Statistically Valid Survey)
e. Park and Facility Assessment (Inventory Assessment, Level of Service Standards, Equity Mapping, Priorities for Investment)
f. Park Development Standards (Development Standards for each level of park) g. Park Maintenance Standards (Maintenance Standards for each level of park) h. Cultural, Sports and Recreation Tourism Strategy (Opportunities, Needs, Financing and Recommendations)
i. Program and Organizational Review (Recreation Program Assessment, Organizational Review and Recommendations)
j. Financial Analysis (Capital Improvement Plan, User Fee Analysis, Funding and Revenue Strategies)
k. Strategic Action Plan (Vision, Mission, Values, Competencies, Priorities, Recommendations) l. Appendices (as needed)
5) Prepare final master plan document.
a. The adopted Master Plan shall be provided in hard copy, print-ready Adobe Portable Document Format (PDF), and editable electronic file format compatible with City software. b. Provide thirty (30) bound color copies of final document. c. All data, information, materials, and work produced including final text, maps, and graphics including all digital files shall be formatted to be ADA compliant and shall become the sole property of the City of Modesto.
6) Attend the Planning Commission and City Council meetings as needed regarding adoption of the Master Plan.

Consultant shall review enclosed Attachment “A” Park Inventory Spreadsheet, Attachment “B” Standard Agreement for Consultant Services, Attachment “C” Non-Discrimination Clause and Attachment “D” Conflict of Interest Disclosure Form.
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PROPOSAL CONTENTS AND REQUIREMENTS
The Proposal shall not exceed the maximum number of pages as shown below. Up to five (5) pages total may be 11” x 17” format; all other pages shall be 8.5” x 11”:

Item Maximum No. of Single Sided Pages
Cover Letter 2
Firm and Team Experience 6
Project Manager 1
Other Key Project Staff 5 total
Task Schedule 1
Understanding of Project Scope of Work 4
Contract Comments 1
Additional Information 5
Maximum Total Number of Single Sided Pages 25

THE PROPOSAL IS EXPECTED TO BE CLEAR AND CONCISE AND RESPOND TO THE REQUIREMENTS SET FORTH IN THIS REQUEST FOR PROPOSALS. UNNECESSARILY ELABORATE AND GLOSSY PROPOSALS ARE NEITHER EXPECTED NOR DESIRED.

THE CONSULTANT SHALL PROVIDE, IN A SEPARATELY SEALED AND CLEARLY MARKED ENVELOPE, THE COST TO BE CHARGED TO THE CITY BY TASK AND A TOTAL PROPOSED PROJECT COST. THE COST

PROPOSAL SHALL IDENTIFY THE OVERALL MULTIPLIER AND INCLUDE DIRECT LABOR COSTS AND EXPENSES INCLUDING TRAVEL, INSURANCE, REIMBURSABLES, ETC.

COST PROPOSALS WILL NOT BE OPENED UNTIL AFTER EACH FIRM INTERVIEWED HAS BEEN RANKED AND THE FIRM DEEMED MOST QUALIFIED HAS BEEN SELECTED. THE COST PROPOSAL WILL THEN BE OPENED AND WILL FORM THE BASIS OF NEGOTIATIONS FOR THE CONTRACT.

The City is seeking proposals as one (1) single package from Professional Consulting firms demonstrating experience in providing park and recreation master planning services similar in magnitude and scope for the described project components. The proposal shall NOT EXCEED the total number of pages permitted (25 pages) per the RFP requirements. The Proposal shall include the following information:

1. COVER LETTER (UP TO TWO-2 PAGES):

The cover letter should introduce the firm, the project manager and consultant team. The letter should highlight key attributes of the firm’s experience relative to the project scope, the team’s approach, and the firm’s commitment to provide services to the City of Modesto. A cover letter shall not exceed two (2) pages.
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2. FIRM AND TEAM EXPERIENCE (UP TO SIX-6 PAGES):

The proposed firm and team experience shall focus on recent experience (within the past 10 years) working on similar projects. Provide the following information on, no more than, six-(6) pages total. • Owner (or client firm if sub-consultant), project description(s) (including size), location and completion date.
• Name, address and phone number of knowledgeable owner/client’s representative.

Consultant’s and Sub-Consultant’s experience and production capabilities. • Office address(es) in which services are to be performed and percentage of work to be performed in each office.
• Percentage of total fees in last ten (10) years, firm-wide, received from similar projects. • Facilities, manpower and production capabilities of office(s) in which work is to be performed.
• Listing of recent experience related to this project in California, including type and size of consulting services provided and name, address, and phone number of knowledgeable owner/client representative.
• Portions of the work may need to be subcontracted out to other firms. List the specialty areas such as: civil engineering, landscape architectural, planning, environmental planning and special studies.

Team Approach - Because of the comprehensive scope of the project, an interdisciplinary team of sub-consultants managed by one firm is acceptable. The ability to assemble and manage an interdisciplinary consultant team will be critical.

3. PROJECT MANAGER (ONE-1 PAGE):

The consultant shall be required to provide project management as necessary to ensure the efficient completion of the project. Project management duties would include, but not be limited to:
coordination of sub-consultant activities; providing updates and seeking input from City staff, as appropriate; monitoring of project budget and schedule; and preparation for and attendance at meetings as directed by City staff.

The consultant will be required to frequently communicate with City staff, both through informal discussions and formal meetings, to obtain input and provide updates for the project. The consultant shall keep comprehensive minutes from formal meetings and shall provide copies for reference. All correspondence to City staff will be directed to the City’s project manager. The City’s project manager will initiate any contact with outside agencies and the public. The consultant will be required to attend and present at public outreach meetings. The Project Manager should be located within two (2) hours travel time of the City).

Consultant shall provide, on no more than one (1) page total, the Project Manager’s:
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• Name and title, name of firm employed by, years of experience with this firm, and years of experience with other firms
• Education, degrees, specialization, year(s) attained
• Active professional registration, in what state, year(s) first registered, discipline • Firm(s), office location(s), and time period for each location at which the individual worked during the last ten (10) years to the present
• Representative experiences: For representative projects, provide the following information.

Include project(s) he/she is currently working on and schedule to which he/she is committed.
o Owner (or client firm if sub-consultant), project description (including size), location and completion date.
o Name, address and phone number of knowledgeable owner/client’s representative. o Consultant services for which the individual was directly responsible; service/functions directly performed by individual (not just job title). o Firm with which the individual was employed during project experience.

4. OTHER KEY PROJECT STAFF (UP TO FIVE-5 PAGES):

Include key staff with the consultant firm (who will be doing most of the work) and all subconsultant resumes. Provide for each individual on no more than five (5) pages total:
• Name
• Specific project responsibility and functions to be performed • Name of firm employed by and office location where individual will perform required project services
• Years of experience with this firm and with other firms • Education, degrees, specialization, year attained
• Active professional registration, in what state, year first registered, discipline • Firm(s), office location, and time period for each location at which the individual worked during the last ten (10) years to the present
• Representative experience
o Owner, project description (including size), location and completion date. o Name, address and phone number of knowledgeable owner/client’s representative. o Consultant services for which the individual was directly responsible; service/functions directly performed by individual (not just job title). o Firm with which the individual was employed during project experience.

5. TASK SCHEDULE (ONE-1 PAGE):

The consultant shall provide a proposed schedule, on no more than one (1) page total, for all services necessary to complete the project. Make sure to specify the major tasks, the expected time to complete each task, and the interdependency of the tasks.

6. UNDERSTANDING OF THE PROJECT SCOPE OF WORK (UP TO FOUR-4 PAGES):

The consultant shall provide a description of their understanding of the project scope as outlined in this RFP on no more than four (4) pages total. The consultant should include their understanding of #3..
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the project elements, services being proposed and tasks necessary to complete the project. Furthermore, the consultant should propose any adjustments to the task list outlined in this RFP, whether they be additive or deductive from the list provided prior, which may be necessary to complete the most successful task results. This section will help the City ensure the City and the consultant have an equal understanding of the scope of work, and allow the consultant to share how they might modify the scope of work based on their expertise in successfully completing similar project tasks.

7. CONTRACT COMMENTS (ONE-1 PAGE):

The successful firm will be asked to execute the City’s standard agreement for consultant services.

Please review the sample agreement (Attachment “B”) carefully with your legal and/or insurance representative. You are REQUIRED to submit any questions, concerns or language change requests regarding this agreement in writing as part of your proposal on no more than one (1) page.

Note: firms choosing not to provide any comments in writing with their proposal are agreeing to the agreement in its entirety, as written, without exceptions.

8. ADDITIONAL RELEVANT INFORMATION (UP TO FIVE-5 PAGES):

The Proposal may include up to five (5) total additional pages of relevant information that was not set forth previously about the firm and/or the team members or about the specific project that you are submitting a proposal for. These additional pages may be included in any section of the Proposal or as their own separate section, whichever format makes the most sense for your Proposal.
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AWARD AND SUBMITTAL OF THE PROPOSAL

1. FIRM LOCATION:

It is the policy of the City of Modesto, when not prohibited by the funding source that all other factors being equal, local firms whose qualifications are satisfactory and who have sufficient experience and capabilities for providing the necessary professional services shall normally be given priority in being considered for employment by the City. The location of any sub consultant firms proposed by the consultant will also be considered when applying this policy. In this case, “local” is defined as a consultant(s) who have maintained offices with full-time staff within Stanislaus County for at least a 12-month period prior to the deadline for submitting the proposal (City of Modesto Administrative Directive 3.1).

2. AWARD OF AGREEMENT:

Following interviews, Negotiations will begin with the firm deemed most qualified. If agreement cannot be reached in negotiations, the City of Modesto will begin negotiations with the firm that is judged to be the next most qualified. If the City of Modesto decides to award the agreement, a Professional Services Agreement shall be sent to the successful consultant for the consultant’s signature. No proposal shall be binding upon the City of Modesto until after duly authorized representatives of both the consultant and the City have signed the agreement. The City of Modesto reserves the right to reject any or all proposals, and to waive any irregularity. The City of Modesto shall have the sole authority to terminate negotiations with any Consultant at any time without recourse by the Consultant. The award of the agreement, if made by the City, will be based on a total review and analysis of each proposal and interview. The consultant will be required to submit insurance verification, a completed W9 form, and a copy of a City of Modesto Business License as noted in the standard contract prior to the execution of the contract.

A sample City of Modesto Standard Agreement is included for your reference (Attachment “B”).

Please review the sample agreement carefully with your legal and/or insurance representative.

Firms are REQUIRED to submit any questions, concerns or language change requests regarding this agreement in writing included in the Proposal.

Note: Firms choosing not to provide any comments in writing included in the Proposal are assumed to agree with the agreement in its entirety, as written, no exceptions. #3..
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3. CONSULTANT SELECTION(S):

Award of agreement will be awarded to one (1) consultant team. Consultant teams will be evaluated by the Selection Committee and a recommendation will be made to City Council of whom is the most qualified consultant based on the RFP requirements.

The City reserves the right to decline to award an agreement if it is determined that the proposed pricing is not competitively priced based on similar agreements with public agencies within the State of California.

The City reserves the right to select a proposal which best suits the City’s needs. Regardless of City staff’s recommendation, the City Council reserves the right to award an agreement to the consultant that best suits the City’s needs as determined by the City Council whether or not said award is consistent with City staff’s recommendation for award.

4. CONFLICT OF INTEREST:

The City’s Conflict of Interest Code requires that consultants file a Statement of Economic Interests (Attachment “D”) with the City to the satisfaction of the Fair Political Practices Commission (FPPC) when the consultant provides information, advice, recommendations or counsel to the City. Before the City enters into an agreement for services with the selected firm, the firm will be required to report economic interests within the City of Modesto on the following a. Real Property Interest (geographically limited)
b. Sources of Income
c. Business Positions
d. Business Investments
e. The selected firm is also required to submit a completed and signed Financial Interest Disclosure Form prior to the agreement being approved.
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5. PROPOSAL DUE DATE
Proposal submittal document(s) must be received by the City prior to 11:00AM on Tuesday, August 20, 2024. Proposal submittal document(s) received after the above specified date and time will be rejected and returned unopened.

Proposals delivered in person or by mail shall be submitted to the following:

City of Modesto
City Clerk’s Office on behalf of Parks Recreation and Neighborhoods Department Attention: Jeremy Rogers, Director
1010 Tenth Street, 6th Floor, Suite 6600
Modesto, California 95354
Identification of Proposals
Firm shall submit five (5) hardcopies of your proposal, one (1) flash drive containing a duplicate digital copy of your proposal and one-(1) sealed cost proposal addressed as shown above, bearing the firm's name and address and clearly marked as follows:
“Proposal for Parks and Recreation Master Plan for City of Modesto”

6. REQUESTS FOR CLARIFICATIONS, CORRECTIONS OR MODIFICATIONS Any requests for clarifications, corrections or modifications of this RFP shall be submitted by email to Diane Sheatsley, at [email protected] by Tuesday, August 6, 2024; 5:00PM.

Responses from the City will be communicated in writing and posted on the City’s contracting opportunities portal, PlanetBids. Consultants must register with PlanetBids to access documents.

Addendums and clarifications will be posted PlanetBids by Tuesday, August 13, 2024. The City of Modesto reserves the right to reject any Proposal that contains unauthorized conditions or exceptions.
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SELECTION PROCESS
The City will evaluate all proposals submitted, but this RFP does not commit the City of Modesto to approve an agreement, to pay for any costs incurred in preparation or presentation of a Proposal, or to procure an agreement for services. The City reserves the right to:
• Make the selection based on its sole discretion.
• Accept or reject any and all Proposals, or any item or part thereof, or to waive any informalities or irregularities.
• Withdraw this RFP at any time without prior notice, and the City makes no representations that any agreement will be approved with any firm responding to this RFP. • Issue subsequent RFP.
• Postpone Proposal opening for its own convenience.
• Approve or disapprove the use of subconsultant.
• Negotiate with any, all, or none of the firms submitting a Proposal. • Enter into an agreement with another firm in the event the originally selected Proposer defaults or fails to execute an agreement with the City.

Proposals will be evaluated by the Selection Committee and up to four (4) consultants will be invited to an interview by the Committee. The Committee will rank the firms based upon an evaluation of the submitted proposals and interviews. Negotiations will begin with the firm deemed most qualified. If agreement cannot be reached in negotiations, the City will begin negotiations with the firm that is judged to be the next most qualified.

Proposals and interviews will be evaluated on the following grading criteria:

1. CRITERIA 1: PROJECT UNDERSTANDING, EXPERIENCE & STAFF (55 POINTS) The key criteria in determining the point ranking in this category are:

a. Understanding of the Work to be Done (20 points): Consultant’s demonstrated understanding of the project’s scope of services and the recognition of potential issues warranting special effort and/or concern.
b. Firm’s Related Experience with Similar Kinds of Work (20 points): Consultant’s Project Experience will be evaluated by the demonstrated experience in completing Parks and Recreation Master Plans.
c. Quality of Staff (15 points): Consultant’s staff will be evaluated based on their relative recent experience of similar kinds of work as described in the RFP documents, size of firm, sub-consultants and available staff proportionate to project size. o Project Manager’s Experience: (5 points)
o Quality of Key Project Staff: (5 points)
o Quality of Outside Consultants (5 points)
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2. CRITERIA 2: CREATIVITY, KNOWLEDGE, TECHICIAL ABILITY (45 POINTS) The key criteria in determining the point ranking in this category are:
a. Original & Creative Ideas (10 points): Consultant’s demonstrated ability to develop creative ideas and to propose thoughtful solutions to challenges. b. Familiarity with the City of Modesto Park System (10 points): Consultant’s demonstrated understanding of the existing City of Modesto Park System and understanding of recreational trends.
c. Demonstrated Technical Ability (20 points): Consultant’s demonstrated ability to complete a concise Parks and Recreation Master Plan, supporting documentation, organizational ability, time management skills, areas of specialization, ability to produce quality work products, availability, demonstrated understanding of modern park design, operation and maintenance over the last five (5) years and completeness of the proposed work plan, including full coverage of the project’s data needs and technical evaluations. d. General Management and Financial Responsibility (5 points): Consultant’s demonstrated management style, consultant’s reputation as relates to principles, credibility and attitude.

3. LOCAL CONSULTANT OR CONSULTANTS (3 POINTS)
If appropriate for the scope of services, consultants will be evaluated on the inclusion of local subconsultants on the team and the anticipated percentage of work to be performed by local consultants and sub-consultants. In this case, “local” is defined as a consultant(s) or sub-consultant(s) who have maintained offices with full-time staff within Stanislaus County for at least a twelve (12) month period prior to the deadline for submitting the proposal (City of Modesto Administrative Directive 3.1).

TOTAL: (103 points possible)
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INTERVIEW AND PRESENTATION

1. INTERVIEW AND PRESENTATION:

The consultant’s presentation for professional services will be evaluated for content, originality, creativity, and soundness of approach to analysis and problem solving. The consultants will also be evaluated by the Selection Committee on their responses to project selection criteria.

Up to four (4) consultants will be invited to an interview with the Selection Committee. Firms shall make every effort to attend, rescheduling will only take place in extenuating circumstances. If representatives of the City experience difficulty on the part of any team in scheduling time for the interview, it may result in disqualification from further consideration. • Length of Interview: One (1) hour maximum
o Up to 25-minute consultant/team Introduction and Presentation o Up to 35-minute Selection Committee Question and Answer

2. FIRM’S FINANCIALS:

The prospective consultants selected for interview will be required to deliver one (1) sealed copy of their firm’s financials demonstrating solvency in a separate envelope from the cost proposal. Deliver firm’s financials to the City of Modesto, Clerk’s Office, clearly marked with the firm’s name and “Parks and Recreation Master Plan, Financials”, deliver by Tuesday, August 27, 2024, or as directed by further notice. Only the financials for the consultant selected as the most qualified will be opened and reviewed by the Director of Finance. The City reserves the right to reference financials as a basis of non-selection. Financials submitted by consulting firms not selected for an agreement will not be opened and will be returned to the respective consulting firms.

3. LEVEL OF EFFORT (UP TO 2 PAGES) 8.5” x 11” OR 11” x 17” IS ACCEPTABLE:

Prospective consultants selected for interview shall provide an estimate of staff time (in hours), by tasks under Scope of Design Services. Include the location of the offices where task items will be performed and the percentage of work by cost, which will be performed out of those offices.

Indicate local consultant participation. Actual costs shall not be indicated in this section, show percentages of the total costs. Task items indicated in the Level of Effort shall match those indicated in the Scope of Services and Fee Proposal.
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PROPOSAL SELECTION PROTESTS

1. An interested party wishing to protest or appeal a decision to select a proposal and consultant for an agreement for professional services by the City of Modesto must follow these procedures. Protests or appeals, which are not submitted in accordance with these procedures, will not be reviewed.

2. A protest to an announced decision to select a proposal and consultant for an agreement for professional services must be filed no later than ten (10) business days after an Announced Decision is provided.

3. Protests are to be delivered to the following address: City of Modesto, Office of the City Clerk, 1010 Tenth Street, Suite 6600, Modesto, California, 95354. Attn: Director of Utilities.

4. For the purposes of the Protest Procedures, the following terms are defined:
a. “Filing Date” or “Submission Date” means the date of receipt by the City Clerk of the City of Modesto
b. “Interested Party” means an actual or prospective proposing consultant, or any sub-consultant identified by name in any bid.
c. “Proposal” includes the term “offer” or “proposal” in the context of formal procurements. d. “Announced Decision” means that notifications (either written or electronic) of selection or non-selection have been provided to consultants that have submitted a proposal. The date of notification shall be the date of the decision.
e. “Days” means working days in which City Hall is open for business, excluding holidays and weekends.

5. PROTEST PROCEDURES
a. Any interested party must file a written protest to an announced decision to award a contract with the City Clerk no later than 10 business days after the Announced Decision. b. Protestors may be represented by legal counsel at their own expense if they wish. c. The protest shall be accompanied by a certified check or cashier’s check in the amount of $100, (EXCEPT FEDERALLY FUNDED PROJECTS), made payable to the Clerk of the City of Modesto.

Protests filed without the requisite fee will not be reviewed. d. The protest filed with the City Clerk shall:
i. Include the name, address, and business telephone number of the protestor. ii. Identify the project under protest by name, and proposal due date. iii. Contain a concise statement of the grounds for protest. iv. Include all supporting documentation, if any. Documentation submitted after filing will not be reviewed.

6. PROTEST REVIEW (ANNOUNCED DECISION)
a. Protest to Director of Utilities
b. Upon receipt of a protest, the Director of Utilities, or designee, shall review all the submitted materials and shall create and retain a written record of the review. The Director of Utilities, #3..
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or designee, shall respond at least generally to each material issue raised in the protest no later than 10 business days after City Clerk’s receipt of the protest. Notice of the Utilities Director’s, or designee’s, decision may be given by telephone, email, facsimile machine, in person, or by U.S. Postal Service.
c. Appeal to Deputy City Manager
i. The Utilities Director’s, or designee’s, decision may be appealed in writing to the City of Modesto’s Deputy City Manager no later than 10 business days after Notice of Decision is sent to the protestor. The Deputy City Manager shall review the appeal, accompanying supporting documents, if any, and the written record of the protest review by the Director of Utilities, or designee.
ii. A written record of the Deputy City Manager’s review shall be created and maintained. The Deputy City Manager shall give notice in writing of his or her decision to the protestor within 15 business days after City Clerk’s receipt of appeal. d. Appeal to City Council
i. Any protestor excepting to the decision of the Deputy City Manager may appeal in writing to the City Council by filing with the City Clerk a written notice of such appeal no later than 15 business days after receipt of the Deputy City Manager’s decision.

The City Clerk will schedule the protest for Council hearing and give notice of the time and place of the hearing as provided in Modesto Municipal Code Sections 1-4.01 through 1-4.05.
ii. The City Council is the highest authority of the City of Modesto. It is possible that the City Council may reverse the decision of any City staff member at the hearing. After City Council review and decision, no internal appeal is possible. #3..
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PROJECT SCHEDULE:

The anticipated milestones for this project (all dates are tentative):

MILESTONE: DATE:

Issue Request for Proposals (RFP) Tuesday, July 16, 2024 Deadline for Consultant Questions Tuesday, August 6, 2024, 5:00 p.m.

Proposal’s Due Tuesday, August 20, 2024, 11:00 a.m.

Consultant Interviews Week of September 9, 2024
Award Contract December 2024
Expected Completion of Master Plan December 2026
Thank you in advance for your interest in providing a proposal to prepare a Parks and Recreation Master Plan for the City of Modesto. Feel free to make contact if you have any questions about the selection process.

Sincerely,
Diane Sheatsley
City of Modesto, Administrative Analyst II
Parks, Recreation and Neighborhoods Department
O: (209) 577-5418
E: [email protected]
Consultant shall review the subsequent:

Attachment “A” Park Inventory Spreadsheet
Attachment “B” Standard Agreement for Consultant Services Attachment “C” Non-Discrimination Clause
Attachment “D” Financial Interest Disclosure Form
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Attachment “A”
Park Inventory Spreadsheet
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Attachment “B”
Standard Agreement for Consultant Services
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STANDARD AGREEMENT

FOR CONSULTANT SERVICES
THIS AGREEMENT for consultant services (“Agreement”), made and entered into in the City of Modesto, State of California, this _____day of ______, 2024, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and ________________________, a California corporation, hereinafter referred to as "Consultant", together sometimes referred to as the “Parties”.

This Agreement is made with regard to the following recitals:

A. The City has determined that a Parks and Recreation Master Plan should be prepared for the City of Modesto.

B. Consultant represents that it is qualified, willing, and able to provide the services to prepare said document(s).

NOW, THEREFORE, in consideration of this Agreement, and the mutual promises, covenants, and stipulations hereinafter contained, the Parties agree as follows:

1. SCOPE OF SERVICES.

Consultant shall undertake and complete the scope of work as set forth and described in the documents attached hereto and referred to as Exhibit "A" or "Project", in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged.

2. TERM OF AGREEMENT.

This Agreement is effective as of the Effective Date and will continue in effect until City's acceptance of and payment for all services authorized by City and performed DRAFT
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by Consultant, unless terminated earlier in accordance with the termination provisions of Section 15 of this Agreement.

City hereby gives Consultant notice to proceed with the preparation of the Project, as of the Effective Date of this Agreement. Consultant shall diligently proceed with the completion of the Project within the time period set forth in Exhibit "A", incorporated herein by this reference.

3. COMPENSATION.

Consultant agrees to accept a sum not to exceed $___________ (maximum compensation) as full remuneration for performing all services and furnishing all staffing and materials for Modesto in accordance with Exhibit "A", except that additional services may be compensated as described below.

The Compensation shall be paid pursuant in the manner and at the times set forth below:

City shall pay Consultant on a time and materials basis for Consultant’s actual costs for all work called for in Exhibit “A” to this Agreement. All work to be performed under this Agreement shall be billed at the hourly rates set forth in Exhibit “B” attached hereto and incorporated herein. Consultant shall submit monthly invoices to City which include detailed tasks, hours worked, and billable rates for all work completed, and detailed receipts for any reimbursable expenses paid by Consultant and identified in Exhibit “B” or approved by the City in writing.

Additional services may be authorized by the Parks, Recreation and Neighborhoods Department Director in an amount up to, but not to exceed 10% of the agreed maximum compensation, or $_________. In the event that additional services are deemed DRAFT
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necessary, the Consultant shall provide a written request to the Director indicating the reason for additional work, scope and cost of such work. The Director shall provide a written response to the request, either approving or denying the additional expenditure. If additional services are requested and approved, they will be billed at the hourly rates set forth in Exhibit “B” and may not exceed the amount requested and approved in writing by the Director. In that event, the new total compensation shall not exceed $__________. If additional services in excess of this amount are deemed necessary by City Staff, an amendment to this Agreement will be required and must be approved prior to commencing the work.

4. OBLIGATIONS OF CONSULTANT.

Throughout the term of this Agreement, Consultant shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business.

Consultant warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the City with the services contemplated by this Agreement. Consultant further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.

5. PERFORMANCE BY KEY EMPLOYEE.

Consultant has represented to City that _______________. will be the person primarily responsible for the performance of the services referred to in this Agreement.

City has entered into this Agreement in reliance on that representation by Consultant. Consultant therefore agrees that thirty percent (25%) or more of the time to be devoted to the project that is the subject of this Agreement will be that of the above-named person.

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6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

Ownership of Documents
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the City, and may be used, reused, or otherwise disposed of by City as it may require without any additional cost to City. No reports shall be used by the Consultant for purposes other than this Agreement without the express prior written consent of City.

Title to Data
If, as a part of the Agreement, Consultant is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of all such data generated under this Agreement will be delivered to City upon the completion or termination of services under the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use.

All materials, documents, data or information obtained from the City data files or any City medium furnished to Consultant in the performance of this Agreement will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Consultant after termination of this Agreement without written consent of the City.

7. NEWS AND INFORMATION RELEASE.

Consultant agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this DRAFT
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Agreement, without first obtaining review and approval of said news releases from the City Manager.

8. CONFLICT OF INTEREST.

Consultant warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would create a “conflict of interest”, as that term is defined in the Political Reform Act (Gov. Code § 81000 et seq), for the Consultant in the performance of this Agreement. Consultant warrants that, in performance of this Agreement, Consultant shall not employ any person having any such interest. Consultant understands that, if this Agreement is made in violation of Government Code § 1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed. Consultant agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this contract if so required at the option of City.

9. AMENDMENTS.

This Agreement, including the Exhibits attached hereto, may be amended only by a writing signed by both Parties. City will not be responsible to pay any charges Consultant may incur in performing services not identified in Exhibit ‘A’ unless first authorized by the City in writing.

10. INDEPENDENT CONTRACTOR.

All acts of Consultant, its agents, officers, and employees and all others acting on behalf of Consultant relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of City. Except as City may specify in writing, Consultant has no authority to bind or incur any obligation on behalf of City.

Consultant has no authority or responsibility to exercise any rights or power vested in the City.

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It is understood by both Consultant and City that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture. Consultant, its agents, officers and employees are and, at all times during the terms of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of City.

Consultant shall determine and control the method, details, and means of performing the work and services to be provided by Consultant under this Agreement.

Consultant shall be responsible to City only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of the Consultant in fulfillment of this Agreement. Consultant is permitted to provide services to others during the same period service is provided to City under this Agreement. If necessary, Consultant has the responsibility for employing other persons or firms to assist Consultant in fulfilling the terms and obligations under this Agreement.

If in the performance of this Agreement any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Consultant.

It is understood and agreed that as an independent contractor and not an employee of City neither the Consultant or Consultant's assigned personnel shall have any entitlement as a City employee, right to act on behalf of the City in any capacity whatsoever as an agent, or to bind the City to any obligation whatsoever. It is further understood and agreed DRAFT
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that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant's personnel.

11. ASSIGNMENT.

Neither this Agreement nor any portion thereof shall be subcontracted or assigned, other than as noted in Exhibit ‘A’, without the express prior written consent of the City in each and every instance.

12. PATENT/COPYRIGHT MATERIALS.

Unless otherwise expressly provided in the contract, Consultant shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of this Agreement. Consultant shall furnish a warranty of such right to use to City at the request of City.

13. NOTICES.

Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon delivery provided that such are delivered in accordance with the provisions of this Section. Notices shall be delivered either by: (a) personal delivery; (b) overnight courier service which obtains confirmation of delivery; or (c) certified pail, return receipt requested, if delivery is confirmed by a return receipt; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the Parties at the address respectively set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:

FOR CONSULTANT: Name: __________________
Address: __________________
__________________
Attention: __________________
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Phone: __________________
Facsimile: __________________
FOR CITY: Name: City of Modesto
Address: P.O. Box 642
Modesto, CA 95353
Attention: Jeremy Rogers, Director of PRND
Phone: (209) 577-5344
Facsimile: (209) 579-5077

14. INSURANCE REQUIREMENTS.

The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the City by certified mail, return receipt requested, for all of the following stated insurance policies.

In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days notice of the cancellation on the policies of insurance required hereunder (10 days notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work DRAFT
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performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled.
(a) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. (b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable.
(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
(d) Professional Liability insurance with a minimum limit of $1,000,000 per claim and policy aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.

If at any time any of said policies shall be unsatisfactory to the City, as to form or substance, or if a company issuing such policy shall be unsatisfactory to the City, the Consultant shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the Consultant to furnish, deliver or maintain such insurance and certificates as above provided, this DRAFT
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Agreement, at the election of the City, may be forthwith declared suspended or terminated.

Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.

CONSULTANT shall provide CITY with separate endorsements evidencing proof of the CITY’s additional insured status as to both the general liability and automobile liability insurance policies. In addition, CONSULTANT shall provide CITY with a Workers Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number.

For any claims related to this project, the CONSULTANT’S insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, DRAFT
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employees, or volunteers shall be excess of the CONSULTANT’S insurance and shall not contribute with it.

15. TERMINATION OF AGREEMENT.

Termination for Default
In the event either party fails to perform under this AGREEMENT or breaches any condition contained herein, the other party shall notify in writing the breaching party of the non-performance. Within 10 days after receipt of notification, the breaching party shall correct any non-performance to the reasonable satisfaction of the non-breaching party, or such other time as may be identified in the notice. Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.

Termination by City for Convenience
City may cancel this Agreement at any time, with or without cause, upon written notification to Consultant.

Post-Termination Procedure
Upon receipt of a written notice of termination, the Consultant shall:
(a) Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination; (b) Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated; (c) If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination DRAFT
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of such subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the Work not completed or undertaken, including materials not delivered;
(d) Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the Consultant in performing the Work whether completed or in process;
(e) Settle outstanding liabilities and claims, subject to the approval of City;
(f) Complete performance of such part of the Project as has not been terminated;
(g) Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Project and/or property related to the Project;
(h) If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project.
(i) The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain unacceptable and/or not useful to City as of the termination date.

City will pay Consultant for work actually completed prior to the receipt of the termination notice or otherwise completed in accordance with the notice of termination.

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The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
(a) The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or contracts for materials; (b) The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.

16. INDEMNITY.

The Consultant shall hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of Consultant, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement.

Consultant's obligation to defend, indemnify, and hold the City, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for Consultant to procure and maintain a policy of insurance.

In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for DRAFT
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enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

17. DISPUTE RESOLUTION.

Venue for all claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this contract provision shall be in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California.

18. ATTORNEYS’ FEES.

If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

19. ENTIRE AGREEMENT.

This Agreement and its exhibits contain the entire understanding between Consultant and City. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement.

20. PARTIAL INVALIDITY.

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If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

21. WAIVER.

The waiver by any party to this Agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.

22. AUDIT.

The City's duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Consultant's charges to City under this Agreement.

Consultant agrees to retain reports, records, documents, and files related to charges under this Agreement for a period of four (4) years following the date of final payment for Consultant services. City's representative shall have the right to reproduce any of the aforesaid documents.

23. GOVERNING LAW.

This Agreement shall be governed according to the laws of the State of California.

24. HEADINGS NOT CONTROLLING.

Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement.

25. COMPLIANCE WITH LAWS.

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Consultant shall insure compliance with all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws. Consultant shall fully comply with all applicable federal, state, and local laws, ordinances, regulations and permits.

26. CITY BUSINESS LICENSE.

Consultant shall have a City of Modesto business license for the entirety of the term of this Agreement.

27. NON-DISCRIMINATION CLAUSE.

During the performance of this Contract, Consultant and its subconsultant shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Contract by reference and made a part hereof as if set forth in full. Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

DRAFT
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Consultant shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Contract.

DRAFT
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IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement by its City Manager and attestation by its City Clerk under authority of Resolution No. 2024- , adopted by the Council of the City of Modesto on the day of ________________ , 2024, and (CONSULTANT) has caused this agreement to be duly executed as of the Effective Date.

CITY OF MODESTO, (CONSULTANT),
a municipal corporation a California corporation*
By ___________________________ By ________________________________ JOSEPH P. LOPEZ, City Manager Name Title
By ________________________________
Name Title
ATTEST: (Seal)
By ___________________________
DIANE NAYARES-PEREZ, CMC, City Clerk
Consultant’s Federal ID #______________
APPROVED AS TO FORM:

By ________________________________
JOSE M. SANCHEZ, City Attorney
APPROVED AS TO FORM:

By ________________________________
CHRISTINA ALGER, Director of Human Resources
DRAFT
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Attachment “C”

NON-DISCRIMINATION CLAUSE
(To be included in Consultant Contract)

NON-DISCRIMINATION CLAUSE
During the performance of this Contract, Consultant and its subconsultant shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Contract by reference and made a part hereof as if set forth in full. Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

Consultant shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Contract.
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Attachment “D”
Financial Interest Disclosure Form
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FINANCIAL INTEREST DISCLOSURE
Any contract award to result from this RFP process and Proposer’s submission of a Proposal therewith will require approval by a majority vote of the City of Modesto’s City Council. In order to have full transparency in any City of Modesto commercial actions, the City Council may not approve an agreement between the City and the Proposer until all persons with a direct or indirect financial interest of greater than $2,000 in the Proposer are identified by name.

Proposer must therefore complete this Proposal Form F – Financial Interest Disclosure, listing by name all parties that have a material financial interest in the agreement, contract or development right.

PLEASE NOTE, any Council action that requires a Financial Interest Disclosure cannot be considered by the City Council until the required reporting is made. That means that City Council agenda items without the disclosure will be removed from the Council agenda.

Financial Interest Disclosure to City of Modesto
Proposer shall identify any person with a financial interest in the Proposer by name, below.

For the purposes of this disclosure, a “Financial Interest” shall have the meaning contained in Modesto Municipal Code section 2-10.02.

Persons having an aggregate economic interest in the Proposer less than two thousand dollars ($2,000.00) at all times prior to final Council action of the proposed contract are not required to be listed on the Financial Interest Disclosure.

Notwithstanding the foregoing, a Financial Interest Disclosure is not required for a Proposer meeting the financial criteria for listing on the New York or the Pacific Stock exchanges unless it is reasonably foreseeable that a City Council decision will increase or decrease that entity's gross revenues or expenses by one million dollars ($1,000,000) or more and the requirements of Modesto Municipal Code Section 2-10.03(h) are satisfied.

It is the legal obligation of all applicants for approval of an agreement or of an application for development rights to verify in writing, under penalty of perjury, that the identity of each person having a material financial interest in the Proposer is true, correct and complete. By signing below, the applicant understands that this information is provided under penalty of perjury, and that intentionally supplying misinformation or deception may result in either invalidation of the agreement or application, or criminal prosecution for misdemeanor violation of the Modesto Municipal Code, or both. Negligent provision of misinformation shall be grounds for invalidation.

In accordance with the Modesto Municipal Code, each applicant has a continuing obligation to maintain the truth, accuracy and completeness of the financial interest disclosure information provided below until after final consideration by the City Council of any matter arising out of or relating to the agreement or application.
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Print Names of Persons Having a Financial Interest in Proposer Receiving this Agreement:

First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
By signing this document, I agree to the information contained within.

Proposer Company Name:

Name of Proposer Signatory:

Signature of Proposer Representative:
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

November 18, 2024
Date: October 30, 2024
TO: Safety and Communities Committee
Rosa Escutia-Braaton, Chair
Jeremiah Williams, Vice-Chair
Chris Ricci, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Jeremy Rogers, Director of Parks, Recreation and Neighborhoods SUBJECT: Award Construction Contract for The Awesome Spot Playground, Phase 1A CONTACT: Ken Peterson, Acting Parks Planning and Development Manager, [email protected], 209-571-5573
DESCRIPTION:

Consider the Plans and Specifications for The Awesome Spot Playground, Phase 1A, accepting the Bid and Awarding a Construction Contract to Westside Landscape & Concrete, Inc. of Newman, CA., in the amount of $738,868 authorizing $73,887 for contingency (if needed), for a total payment amount not to exceed $812,755, and forwarding to Council for approval. (Funding Source: Various Funds)
STRATEGIC PLAN ELEMENT:

This item is consistent with the following 2020-2025 Strategic Plan Area of Focus: Quality of Life and Governance and Service Delivery.

BACKGROUND:

In 2015, the community rallied together in support of designing an all-inclusive playground at Beyer Park. The desire was to build a playground that would be the first of its kind in the region, providing accessibility to people of all ages with a wide range of physical abilities to be able to play together side-by-side.

Since that time, the project has been officially titled “The Awesome Spot Playground” (TASP) and construction documents were completed with the help of local design professionals. On July 14, 2022, the TASP team held a groundbreaking event for Phase 1 of construction.

TASP team asked the City of Modesto to purchase play equipment elements for Phase 1 of the playground. On September 27, 2022, by Resolution No. 2022-397, and on July 11, 2023, by Resolution No. 2023-350, Council approved the purchases of various playground equipment for TASP with American Rescue Plan Act (ARPA) funds.
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Safety and Communities Committee, November 18, 2024
Award Construction Contract for The Awesome Spot Playground, Phase 1

During the 2022-2023 State of California budget process, the City of Modesto requested that our state lobbyist discuss TASP with State legislators with the goal of obtaining funding to assist with construction of the project. During the State of California Budget Act of 2023, the State approved a line item in the budget to allocate $400,000 to the City of Modesto for TASP and on February 6, 2024, by Resolution No. 2024-043, Council approved the application and accepted the specified grant funds from the Budget Act of 2023.

To further assist with the efforts of TASP, on June 4, 2024, by Resolution No. 2024-194, Council approved additional ARPA funding to TASP for Phase 1A in the amount of $600,000.

DISCUSSION:

The project was advertised for bids on October 7, 2024. Bids were publicly opened on October 22, 2024, pursuant to City Charter Section 1307, and five bids were received, and one bid was deemed non-responsive. Westside Landscape & Concrete, Inc., of Newman, CA., was determined to be the responsible bidder with the lowest responsive bid. The bid tabulation is attached, and a summary of the bids is below:

The bid analysis is:

Number of responsive bids received 4
Number of bids within 10% of engineer’s estimate 2
Number of bids above the engineer’s estimate 2
Number of bids below the engineer’s estimate 2
Percent low bid is below the engineer’s estimate -13.62% Westside Landscape & Concrete, Inc., of Newman, CA., was 13.62% below the engineer’s estimate. The next lowest bid was 0.12% below the engineer’s estimate. The highest bid was

37.42% above the engineer’s estimate. Bidder competition and participation was evident as the City received four responsive bids.

Modesto Municipal Code Section 8-3.203 generally requires all purchases which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid. The award of contract for the construction of The Awesome Spot Playground, Phase 1A, to Westside Landscape & Concrete, Inc., of Newman, CA., conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and Westside Landscape & Concrete, Inc., was the lowest responsive and responsible bidder.

The City’s “Change Order Approval Policy” enacted by Council Resolution No. 1994-443 on July 19, 1994, revised on July 9, 2019, by Council Resolution No. 2019-326, and revised a second time on September 12, 2023, by Council Resolution No. 2023-405, established a contract change order authority of 10% for construction contracts up to $10,000,000. Staff is requesting the Engineering Services Director’s Authority to issue change orders of 10% ($73,887) of the construction contract amount.

While the contingency policy is utilized for each construction contract awarded by the City, it is not written into each contract, nor is it a guaranteed amount included in the final compensation to the contractor. Prior to bidding a project, staff works diligently to ensure that all projects and bid packages contain well-defined scopes of work and that all projects stay within budget. #4..
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Safety and Communities Committee, November 18, 2024
Award Construction Contract for The Awesome Spot Playground, Phase 1

FISCAL IMPACT:

Funding for this project is budgeted in Capital Improvement Program (CIP) account #100984 (Awesome Spot Playground). The project’s revenue and expense budget shall be as outlined below:

Funding Sources
Budget Act of 2023 Specified Grant $ 400,000
Parks Fund $ 107,000
Miscellaneous Public Donations $ 8,250
General Funds Savings $ 77,763
ARPA Funding $ 1,100,000
Total Cost $ 1,693,013
Project Budget
Construction $ 738,868
Construction Contingency (10%) $ 73,887
Construction Administration – City Staff (20%) $ 147,774 Bid/Design Support During Construction (8%) $ 61,709
Construction (previously spent/committed) $ 652,333
Engineering/Design/Admin (previously spent/committed) $ 18,442 Total Cost $ 1,693,013
CEQA/NEPA REQUIREMENTS:

City staff prepared a Notice of Exemption No. EA/PR&N 2022-01 and determined the project is categorically exempt from CEQA due to the fact that it is a replacement of an existing facility which has substantially the same purpose, is located at the same site.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending the Plans and Specifications for The Awesome Spot Playground, Phase 1A, accepting the Bid and Awarding a Construction Contract to Westside Landscape & Concrete, Inc. of Newman, CA., in the amount of $738,868 authorizing $73,887 for contingency (if needed) for a total payment amount not to exceed $812,755, and forwarding to Council for approval.

Approved by:

Jeremy Rogers, Director of Parks, Recreation and
Neighborhoods
Joseph P. Lopez, City Manager
Attachments:

1. Construction Contract & Financial Interest Disclosure Form – Westside Landscape & Concrete, Inc.

2. Bid Results
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CONTRACT
This Agreement, made and entered into in the City of Modesto, County of Stanislaus, State of California, this ______ day of _____________, 2024, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called City, and WESTSIDE LANDSCAPE & CONCRETE, INC., a California, Corporation , hereinafter called Contractor,
R E C I T A L S :

WHEREAS, the City Manager of the City of Modesto, authorized the call for bids, approved the Plans and Specifications prepared under the direction of the Director of Parks Recreation and Neighborhoods Department for the THE AWESOME SPOT PLAYGROUND PHASE 1A project and directed the City Clerk to advertise for sealed bids for doing said work and providing that bids be submitted on the 22nd day of October 2024; and WHEREAS, the City Clerk, thereafter duly and regularly caused a notice to be published in the manner and for the time prescribed by law; and WHEREAS, Contractor, pursuant to the provisions of said notice duly filed a bid with the City Clerk, a true copy of which is now on file in the office of the City Clerk of the City of Modesto, and is hereby referred to and by this reference made a part hereof as fully as if set forth at length herein; and
WHEREAS, all bids received pursuant to said notice were opened and examined and publicly declared at the time specified in said advertisement for bids and at a regular meeting of the City Council held on the ______ day of ____________, 2024 by Resolution 2024-____ the Council found and declared the bid of Contractor to be the lowest responsive bid and thereupon awarded a Contract to Contractor to do the Work referred to in the aforementioned Plans and Specifications.
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NOW, THEREFORE, the parties hereto mutually agree as follows:

1. SCOPE OF WORK, hereinafter called the Work.
a. Contractor shall furnish all labor, materials and equipment necessary to complete the Work as specified in the Plans and Specifications entitled THE AWESOME SPOT PLAYGROUND PHASE 1A, City of Modesto, PARKS RECREATION AND NEIGHBORHOODS DEPARTMENT, Project Number 2025-10, and in strict accordance with the conditions of the complete Contract Documents. All incidental Work not included in the Contract Documents or specified herein which is necessary to complete the Work so as to provide the system described, or shown, shall be furnished and installed as part of this Agreement at no additional cost to the City. The Work shall be complete and ready for service as described in the Contract Documents to the satisfaction of the Director of Parks Recreation and Neighborhoods.
b. Contractor shall do and perform the Work contemplated hereby in a good and workmanlike manner under the direction of and to the satisfaction of the Director of Engineering Services of the City of Modesto.
c. Contractor shall do and perform the Work contemplated hereby and shall furnish all labor, materials, tools and equipment therefore at the prices herein specified to, wit:

CONTRACTOR’S BID

BASEBID
Item
No.

Item Description Unit of
Measure
Estimated
Quantity
Unit Price Total Price
1 Water Pollution Control Plan
(WPCP)
LS 1 $15,456.09 $15,456.09
2 Clearing and Grubbing LS 1 $15,801.00 $15,801.00
3 Earthwork and Grading LS 1 $35,792.68 $35,792.68
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4 Irrigation Sleeves LF 250 $43.14 $10,785.00
5 Concrete Mow Curb (9" Width) LF 218 $101.10 $22,039.80 6 4" Concrete Flatwork - Natural SF 3448 $17.00 $58,616.00 7 4" Concrete Flatwork - Harvest
Gold
SF 2147 $17.00 $36,499.00
8 4" Concrete Flatwork - Adobe SF 1100 $17.00 $18,700.00 9 6" Concrete Flatwork - Natural SF 1515 $20.00 $30,300.00 10 6" Concrete Flatwork - Natural
(Maintenance Pathway)
SF 4477 $20.00 $89,540.00
11 Stairs with Handrails LS 1 $16,379.43 $16,379.43
12 Concrete Steps at Rubber
Surfacing
LF 44 $420.00 $18,480.00
13 Monolithic Play Edge LF 176 $145.71 $25,644.96
Subtotal: $394,033.96
Bid Alternate 1
101 Sport Field Netting LS 1 $18,500.00 $18,500.00
102 30' Tall Pole EA 5 $10,500.00 $52,500.00
103 Savanna Safari Fencing LF 209 $74.16 $15,499.44
104 Drinking Fountain EA 1 $13,000.00 $13,000.00
Subtotal: $99,499.44
Bid Alternate 2
201 4' Montage II Gate LS 1 $12,363.75 $12,363.75
202 4' Montage II Double Swing
Gate
LS 1 $15,000.00 $15,000.00
203 4' Montage II Fence LF 902 $152.56 $137,609.12
204 Concrete Mow Curb (12"
Width) at 4' Montage II Fence
LF 902 $57.66 $52,009.32
Subtotal: $216,982.19
Bid Alternate 3
301 Trash / Recycling Receptables EA 6 $2,781.50 $16,689.00 302 Picnic Tables EA 1 $3,170.00 $3,170.00
303 ADA Picnic Tables EA 3 $2,831.00 $8,493.00
Subtotal: $28,352.00
Total: $738,867.59
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2. CONTRACT DOCUMENTS. The complete Agreement between the parties consists of the documents listed below, including any addenda to these documents. The documents are complementary and provide for a complete work; if a discrepancy exists, the governing rank of the documents is set forth, in descending order:
a. Executed and signed, written Agreement;
b. Section 00800 Amendments and Supplements to the General Provisions c. All other sections of the Project Specifications;
d. Project Plans;
e. City Standard Details; current edition
f. City Standard Specifications; current edition
g. Revised State Standard Specifications;
h. State Standard Specifications;
i. Revised State Standard Plans;
j. State Standard Plans; and
k. All required Bonds.

All documents specified above are intended to operate so that any component of the Work called for in one and not mentioned in any other, or vice versa, is to be executed the same as if mentioned in all of the documents. The listed documents comprise the Contract Documents.

3. COMMENCEMENT AND COMPLETION OF THE WORK. The Work
contemplated herein shall be commenced on the date specified in the Notice to Proceed for this Agreement. Completion of the work shall comply with the Specification. The Notice to Proceed shall not be issued until the Director of Engineering Services receives and has on file:
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a. Proofs of insurance (approved by City Risk Manager), b. Bonds (approved by the City Attorney),
c. City of Modesto Business License, and
d. Executed Agreement.

Contractor will not be held responsible for failure to complete the Work within the specified time if delay is due to matters beyond its reasonable control. Contractor shall make all good faith attempts to overcome or to minimize such matters, and to finish the Work in the shortest reasonable amount of time.

4. PAYMENT. Payment for the Work to be done under this Agreement shall be at the price set forth in Section 1 hereof, and in accordance with the Contract Documents, which are incorporated herein by this reference.

5. INDEMNITY. The Contractor shall hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of Contractor, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement. This provision does not apply to claims, loss, liability, damage or expense arising from (a) the sole negligence or willful misconduct of the City, or (b) the active negligence of the City.

Contractor's obligation to defend, indemnify, and hold the City, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for Contractor to procure and maintain a policy of insurance.
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6. INSURANCE. During the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in Exhibit A, attached hereto and incorporated herein, and shall otherwise comply with the other provisions of Exhibit A. Contractor is responsible for uploading updated insurance documentation to the City’s “PINS Advantage” program.
a. Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance for the duration of the project and through acceptance by City Council.

7. BONDS. The Contractor shall furnish City the following separate surety bonds:
a. Performance Bond. Within 5 business days after receipt of the Notice of Award and prior to commencement of Work, the Contractor shall furnish a separate surety bond in an amount equal to one hundred percent (100%) of the Agreement price, shall be for the faithful performance of the Agreement, shall be approved by City, and shall be secured from a surety or sureties satisfactory to City.
b. Payment Bond. Within 5 business days after receipt of the Notice of Award and prior to commencement of Work, the Contractor shall furnish a separate surety bond in an amount at least equal to one hundred percent (100%) of the Agreement price as security for the payment of all persons for furnishing materials, provisions, or other supplies, or items, used in, upon, for, or about the performance of the Work contracted to be done; or for performing any work or labor thereon of any kind, and for the payment of amounts due under the Unemployment Insurance Code with respect to such work or labor in connection with this Agreement, and for the payment of a reasonable attorney's fee to be fixed by the court in case suit is brought upon the bond.
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c. Warranty Bond. Prior to issuance of a Notice of Completion for the contracted work, Contractor shall file with the City a Warranty Bond or equivalent security in the amount of ten percent (10%) of the estimated cost of the contracted work to guaranty and warranty the contracted work for a period of one (1) year following City Council acceptance thereof against any defective work or labor done, or defective materials furnished.

8. COMPLIANCE WITH ALL LAWS. Contractor hereby agrees that it and all subcontractors, if any, in the performance of the work described, designated and shown upon the Contract Documents herein referred to, will comply with all federal, state, county and municipal laws, rules and regulations which may be applicable to the work herein contracted for, whether now in existence or hereafter adopted.

9. TERMINATION OF AGREEMENT.

Termination by City for Default of Contractor
Should Contractor default in the performance of this Agreement or materially breach any of its provisions, at its option, City may terminate this Agreement by giving written notification to Contractor. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Contractor, dishonesty or theft. Such termination shall be in accordance with the Contract Documents.

If this Agreement is terminated, Contractor shall cease all its work on the project as of the termination date and shall see to it that its employees, subcontractors and agents are notified of such termination and cease their work.

The Contractor understands and agrees that City may, in City's sole discretion, refuse to pay Contractor for that portion of Contractor's services which were #4..
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performed by Contractor on the project prior to the termination date and which remain unacceptable and/or not useful to City as of the termination date.

Termination by City for Convenience
The City may terminate the Contractor's performance under the Agreement, either in whole or in part, at its own discretion or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. The City shall provide no less than ten (10) days written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Contractor with consultation with the City prior to termination.

A. Upon receipt of a written Notice of Termination pursuant to this section, the Contractor shall:

1. Cease its work as directed in the Notice of Termination as of the termination date and see to it that its employees, subcontractors and agents are notified of such termination and act as specified in the Notice of Termination;

2. Terminate all orders and Subcontractors except as
necessary to complete any portion of the Work that is not terminated;

3. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its #4..
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discretion to settle, or pay any or all claims arising out of the termination of such subcontractors, but in no event shall recovery by any Contractor or subcontractor include lost profits for portions of the Work not completed or
undertaken, including materials not delivered;

4. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been
accumulated by the Contractor in performing the Work
whether completed or in process;

5. Settle outstanding liabilities and claims, subject to the approval of City;

6. Complete performance of such part of the Work as has not been terminated;

7. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;

8. If City so requests, and at City's cost, Contractor shall provide sufficient oral or written status reports to make City reasonably aware of the status of Contractor's work on the project.

B. City will pay Contractor an amount based on the percentage of work completed in accordance with the Notice of Termination. The final payment to the Contractor after termination for convenience shall be limited to amounts due and owing under #4..
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the Agreement at time of termination, including the following:

1. Any actual costs incurred by the Contractor for restocking charges;

2. The agreed upon price of protecting the Work in any
manner, if any, as directed by the City;

3. The cost of settling and paying valid claims arising out of the termination of the Work such as subcontract
agreements or contracts for materials;

4. The Agreement price allocable to the portion of the Work properly performed or goods supplied by the Contractor as of the date of termination, as determined in accordance with the Notice of Termination, reduced by any sums
previously paid to the Contractor.

C. The City shall have the right to withhold any portion or the whole of the final payment under this provision in the event there are any outstanding Claims for compensation asserted either by the City against the Contractor or by any third party against the City or the Contractor which arise out of the Contractor's work.

Authorization to Terminate Agreement
Termination of the Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Contractor to appeal the City Manager, or his/her designee’s, decision to the City Council. The Contractor shall appeal by notifying the City Clerk in writing within ten (10) business days of receipt of notification from City to terminate the Agreement. In the event that termination of this Agreement is upheld by the City Council, any valid claims for delay shall be retroactive to the date of termination selected by the City #4..
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Manager, or his/her designee.

10. NOTICES. Any notice, payment or instrument required or permitted by this Agreement to be given to either party shall be deemed to have been received when personally delivered, or one calendar week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows:

Contractor: Westside Landscape & Concrete, Inc.

Attn: Armando Garcia, President
27107 CA-33
Newman, CA 95360

City: City of Modesto
Director of Engineering Services
P.O. Box 642
Modesto, CA 95353
Phone (209) 577-5344

Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

11. WORKFORCE REQUIREMENTS. Contractor included both a signed Local Hire Certification as well as a Skilled and Trained Workforce Certification with its bid, and such certifications are incorporated herein by reference. Contractor shall comply with all applicable requirements, including record keeping requirements, of Articles 7 and 8 of Chapter 3 of the Modesto Municipal Code.

12. EXECUTION OF AGREEMENT. The undersigned signatory(ies) for Contractor warrant(s) and represent(s) that he/she/they is/are legally competent to execute the Agreement and has/have full authority to execute this Agreement. #4..
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13. DISPUTE RESOLUTION. All claims, controversies, or disputes arising out of or relating to this Agreement, including its performance by either party, shall be finally resolved by arbitration in accordance with the Contract Documents.

14. MISCELLANEOUS. Time is of the essence of this Agreement. #4..
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IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2024-________ adopted by the Council of the City of Modesto on the ____ day of ___________, 2024, and Contractor has caused this Agreement to be duly executed.

CITY OF MODESTO, WESTSIDE LANDSCAPE & CONCRETE, INC.

A California municipal corporation A California corporation

By _____________________________ By ________________________________ JOSEPH P. LOPEZ, City Manager Name Title

By ________________________________
Name Title
Federal ID #__________________
ATTEST:
(Seal)
By
DIANE NAYARES-PEREZ, CMC, City Clerk
APPROVED AS TO FORM:

By ________________________________
JOSE M. SANCHEZ, City Attorney

APPROVED AS TO FORM:

By ____________________________________
MATTHEW J. BRALEY, Risk Manager

* Corporations - signature of two (2) officers
required or one (1) officer plus corporate seal.

Partnership - signature of a partner required
Sole Proprietorship - signature of proprietor
required
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14 City of Modesto
The Awesome Spot Playground Phase 1A
Exhibit A:

Insurance Requirements for Construction Contracts
Contractor shall procure and maintain for the duration of the contract, and for 5 years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, their agents, representatives, employees or subcontractors.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $5,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Builder’s Risk (Course of Construction), if applicable, insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions is not required.

6. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Umbrella or Excess Coverage
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional #4..
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insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.

The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance with coverage equal to ISO form CG 2010. For completed operations, a separate endorsement equal to ISO form CG 2037 is required.

Primary Coverage
The Additional Insured coverage under the Contractor’s policy shall be “primary and noncontributory” and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as CG 20 01 04 13. The City of Modesto does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.

Builder’s Risk (Course of Construction) Insurance
Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the Entity as a loss payee as their interest may appear. If the project does not involve new or major reconstruction, at the option of the Entity, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the Entity’s site.

Claims Made Policies –
If any coverage required is written on a claims-made coverage form:

1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
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2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.

3. If coverage is cancelled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.

4. A copy of the claims reporting requirements must be submitted to the Entity for review.

5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
All Self-insured retentions must be disclosed to Risk Management for approval and shall not reduce the limits of liability. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a #4..
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copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements are to be received and approved by the City’s Risk Manager before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. Surety Bonds Contractor shall provide the following Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Certificate Holder Address
Proper address for mailing certificates, endorsements and notices shall be:

City of Modesto
Attn: Risk Management
1010 10th Street
Modesto, CA 95354
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FINANCIAL INTEREST DISCLOSURE FORM
PROJECT: THE AWESOME SPOT PLAYGROUND PHASE 1A
1 Chapter 10, Title 2 of the Modesto Municipal Code requires all entities entering into contracts with the City of Modesto to disclose every individual who has a material financial interest in that entity as defined below. The apparent low bidder will be required to list below (and on additional sheets as necessary) all persons having a financial interest in the entity submitting the bid. The apparent low bidder shall submit this form no later than close of business on the 5th business day following receipt of the Notice of Intent to Award. Failure or refusal to submit the required information within the time required shall be grounds for declaring the bid non-responsive.

Name of Bidder: ____________________________________________________________________ Type of Organization: ________________________________________________________________ (If a corporation, list the name of the state under the laws of which the corporation is chartered)

FINANCIAL INTEREST DISCLOSURE FORM
All persons included within the meaning of either of the following tests have a material financial interest in an agreement, or application for development rights, submitted for approval or disapproval by the City Council, and shall be identified by the applicant, by name.

Tests of Materiality:

1. Whether it is foreseeable to a reasonable person that the value of their interest in property available for use by an applicant, or their interest in the applicant itself, may increase or decrease by an amount greater than $2,000.00 as a direct or indirect result of Council action on the applicant’s agreement or application for development rights.

2. Whether it is foreseeable to a reasonable person that the person’s gross income from the applicant may increase or decrease by a sum greater than $2,000.00 as a direct or indirect result of Council action on the agreement or application for development rights.

It is the legal obligation of all applicants for approval of an agreement or of an application for development rights to verify in writing, under penalty of perjury, that the identity of each person having a material financial interest in the agreement or application or development rights is true, correct and complete. The applicant understands that this information is provided under penalty of perjury, and that intentionally supplying misinformation or deception may result in either invalidation of the agreement or application, or criminal prosecution for misdemeanor violation of the Modesto Municipal Code, or both.

Negligent provision of misinformation shall be grounds for invalidation. In accordance with the Modesto Municipal Code, each applicant has a continuing obligation to maintain the truth, accuracy and completeness of the financial interest disclosure information provided below until after final consideration by the City Council of any matter arising out of or relating to the agreement or application.

BUSINESS NAME APPLICANT SIGNATURE
Names: (See attached list)
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Questions concerning the application of either test to particular facts should be resolved in advance of Council action by agreement with the department head recommending approval of its agreement/application.

DIRECTOR OF ENGINEERING
PROJECT: THE AWESOME SPOT PLAYGROUND PHASE 1A
2 BUSINESS NAME: WESTSIDE LANDSCAPE & CONCRETE, INC.

NAMES
Attach additional sheets as necessary.
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Bid Tabulation Wednesday, October 23, 2024
Project Title: The Awesome Spot Playground Phase 1
Project ID #: 2025-10
Fund #: 100984
Vault ID #: 19-D-0396
Bid Opening: 10/22/2024 at 11:00 AM
Basis of Award: By Base Bid Designer: Westwood Professional Services Design Manager: Jason Ortega
Project Description: Installation of decorative fencing and gates, concrete mowbands, concrete walkways, concrete stairs, picnic tables, water fountain, and sport field netting.

Item # Item Description Units Quantity Unit Price Extension Apparent Low Bidder
Westside Landscape & Concrete, Inc.
(209) 427-5778 27107 CA-33, Newman, CA 95360
Base Bid
1 Water Pollution Control Plan (WPCP) LS 1 $15,456.09 $15,456.09 2 Clearing and Grubbing LS 1 $15,801.00 $15,801.00
3 Earthwork and Grading LS 1 $35,792.68 $35,792.68
4 Irrigation Sleeves LF 250 $43.14 $10,785.00
5 Concrete Mow Curb (9" Width) LF 218 $101.10 $22,039.80 6 4" Concrete Flatwork - Natural SF 3448 $17.00 $58,616.00 7 4" Concrete Flatwork - Harvest Gold SF 2147 $17.00 $36,499.00 8 4" Concrete Flatwork - Adobe SF 1100 $17.00 $18,700.00 9 6" Concrete Flatwork - Natural SF 1515 $20.00 $30,300.00 10 6" Concrete Flatwork - Natural (Maintenance SF 4477 $20.00 $89,540.00 Pathway)
11 Stairs with Handrails LS 1 $16,379.43 $16,379.43
12 Concrete Steps at Rubber Surfacing LF 44 $420.00 $18,480.00 13 Monolithic Play Edge LF 176 $145.71 $25,644.96
Subtotal: $394,033.96
Percent From Engineer's Estimate: -13.62%
Bid Alternate 1
101 Sport Field Netting LS 1 $18,500.00 $18,500.00
102 30' Tall Pole EA 5 $10,500.00 $52,500.00
103 Savanna Safari Fencing LF 209 $74.16 $15,499.44
104 Drinking Fountain EA 1 $13,000.00 $13,000.00
Subtotal: $99,499.44
Bid Alternate 2
201 4' Montage II Gate LS 1 $12,363.75 $12,363.75
202 4' Montage II Double Swing Gate LS 1 $15,000.00 $15,000.00 203 4' Montage II Fence LF 902 $152.56 $137,609.12
204 Concrete Mow Curb (12" Width) at 4' LF 902 $57.66 $52,009.32 Montage II Fence
Subtotal: $216,982.19
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Bid Alternate 3
301 Trash / Recycling Receptables EA 6 $2,781.50 $16,689.00 302 Picnic Tables EA 1 $3,170.00 $3,170.00
303 ADA Picnic Tables EA 3 $2,831.00 $8,493.00
Subtotal: $28,352.00
Total: $738,867.59
Construction Contingency - 10 % $73,886.76
Joe's Landscaping & Concrete
(408) 767-1949 P.O. Box 883, Newman, CA, 95360
Base Bid
1 Water Pollution Control Plan (WPCP) LS 1 $7,400.00 $7,400.00 2 Clearing and Grubbing LS 1 $8,753.50 $8,753.50
3 Earthwork and Grading LS 1 $18,555.50 $18,555.50
4 Irrigation Sleeves LF 250 $45.00 $11,250.00
5 Concrete Mow Curb (9" Width) LF 218 $135.00 $29,430.00 6 4" Concrete Flatwork - Natural SF 3448 $25.00 $86,200.00 7 4" Concrete Flatwork - Harvest Gold SF 2147 $25.00 $53,675.00 8 4" Concrete Flatwork - Adobe SF 1100 $25.00 $27,500.00 9 6" Concrete Flatwork - Natural SF 1515 $26.00 $39,390.00 10 6" Concrete Flatwork - Natural (Maintenance SF 4477 $26.00 $116,402.00 Pathway)
11 Stairs with Handrails LS 1 $24,500.00 $24,500.00
12 Concrete Steps at Rubber Surfacing LF 44 $300.00 $13,200.00 13 Monolithic Play Edge LF 176 $110.00 $19,360.00
Subtotal: $455,616.00
Percent From Engineer's Estimate: -0.12%
Bid Alternate 1
101 Sport Field Netting LS 1 $22,561.00 $22,561.00
102 30' Tall Pole EA 5 $12,228.40 $61,142.00
103 Savanna Safari Fencing LF 209 $100.00 $20,900.00
104 Drinking Fountain EA 1 $15,222.82 $15,222.82
Subtotal: $119,825.82
Bid Alternate 2
201 4' Montage II Gate LS 1 $5,100.00 $5,100.00
202 4' Montage II Double Swing Gate LS 1 $7,500.00 $7,500.00 203 4' Montage II Fence LF 902 $149.66 $134,993.32
204 Concrete Mow Curb (12" Width) at 4' LF 902 $115.00 $103,730.00 Montage II Fence
Subtotal: $251,323.32
Bid Alternate 3
301 Trash / Recycling Receptables EA 6 $3,260.86 $19,565.16 302 Picnic Tables EA 1 $3,500.00 $3,500.00
303 ADA Picnic Tables EA 3 $3,700.00 $11,100.00
Subtotal: $34,165.16
Total: $860,930.30
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Anaba Construction (The determination of a non-responsive bid is made by City) (510) 826-9443 1552 Lenay Ct., Manteca, CA 95337
Base Bid
1 Water Pollution Control Plan (WPCP) LS 1 $6,500.00 $6,500.00 2 Clearing and Grubbing LS 1 $13,000.00 $13,000.00
3 Earthwork and Grading LS 1 $20,500.00 $20,500.00
4 Irrigation Sleeves LF 250 $45.00 $11,250.00
5 Concrete Mow Curb (9" Width) LF 218 $91.00 $19,838.00 6 4" Concrete Flatwork - Natural SF 3448 $25.00 $86,200.00 7 4" Concrete Flatwork - Harvest Gold SF 2147 $25.00 $53,675.00 8 4" Concrete Flatwork - Adobe SF 1100 $25.00 $27,500.00 9 6" Concrete Flatwork - Natural SF 1515 $25.00 $37,875.00 10 6" Concrete Flatwork - Natural (Maintenance SF 4477 $25.00 $111,925.00 Pathway)
11 Stairs with Handrails LS 1 $30,000.00 $30,000.00
12 Concrete Steps at Rubber Surfacing LF 44 $454.55 $20,000.20 13 Monolithic Play Edge LF 176 $210.00 $36,960.00
Subtotal: $475,223.20
Percent From Engineer's Estimate: 4.18%
Bid Alternate 1
101 Sport Field Netting LS 1 $24,500.00 $24,500.00
102 30' Tall Pole EA 5 $9,500.00 $47,500.00
103 Savanna Safari Fencing LF 209 $175.00 $36,575.00
104 Drinking Fountain EA 1 $6,500.00 $6,500.00
Subtotal: $115,075.00
Bid Alternate 2
201 4' Montage II Gate LS 1 $6,900.00 $6,900.00
202 4' Montage II Double Swing Gate LS 1 $8,900.00 $8,900.00 203 4' Montage II Fence LF 902 $120.00 $108,240.00
204 Concrete Mow Curb (12" Width) at 4' LF 902 $110.00 $99,220.00 Montage II Fence
Subtotal: $223,260.00
Bid Alternate 3
301 Trash / Recycling Receptables EA 6 $2,500.00 $15,000.00 302 Picnic Tables EA 1 $4,500.00 $4,500.00
303 ADA Picnic Tables EA 3 $5,400.00 $16,200.00
Subtotal: $35,700.00
Total: $849,258.20
Frontline General Engineering Construction, Inc.
(510) 954-0739 4448 W. Pine Haven Drive, Tracy, CA 95304 Base Bid
1 Water Pollution Control Plan (WPCP) LS 1 $18,661.37 $18,661.37 2 Clearing and Grubbing LS 1 $41,909.51 $41,909.51
3 Earthwork and Grading LS 1 $55,534.34 $55,534.34
4 Irrigation Sleeves LF 250 $67.14 $16,785.00
5 Concrete Mow Curb (9" Width) LF 218 $170.33 $37,131.94 6 4" Concrete Flatwork - Natural SF 3448 $15.80 $54,478.40 7 4" Concrete Flatwork - Harvest Gold SF 2147 $19.11 $41,029.17 8 4" Concrete Flatwork - Adobe SF 1100 $26.98 $29,678.00 9 6" Concrete Flatwork - Natural SF 1515 $25.83 $39,132.45 #4..
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10 6" Concrete Flatwork - Natural (Maintenance SF 4477 $16.88 $75,571.76 Pathway)
11 Stairs with Handrails LS 1 $36,713.60 $36,713.60
12 Concrete Steps at Rubber Surfacing LF 44 $229.55 $10,100.20 13 Monolithic Play Edge LF 176 $157.55 $27,728.80
Subtotal: $484,454.54
Percent From Engineer's Estimate: 6.20%
Bid Alternate 1
101 Sport Field Netting LS 1 $27,357.48 $27,357.48
102 30' Tall Pole EA 5 $15,185.99 $75,929.95
103 Savanna Safari Fencing LF 209 $220.20 $46,021.80
104 Drinking Fountain EA 1 $16,663.03 $16,663.03
Subtotal: $165,972.26
Bid Alternate 2
201 4' Montage II Gate LS 1 $5,103.14 $5,103.14
202 4' Montage II Double Swing Gate LS 1 $7,300.94 $7,300.94 203 4' Montage II Fence LF 902 $188.21 $169,765.42
204 Concrete Mow Curb (12" Width) at 4' LF 902 $33.25 $29,991.50 Montage II Fence
Subtotal: $212,161.00
Bid Alternate 3
301 Trash / Recycling Receptables EA 6 $3,669.66 $22,017.96 302 Picnic Tables EA 1 $3,899.77 $3,899.77
303 ADA Picnic Tables EA 3 $2,700.29 $8,100.87
Subtotal: $34,018.60
Total: $896,606.40
JPB Designs, Inc.
(916) 549-6259 6021 Keats Circle, Orangevale, CA 95662
Base Bid
1 Water Pollution Control Plan (WPCP) LS 1 $10,000.00 $10,000.00 2 Clearing and Grubbing LS 1 $25,000.00 $25,000.00
3 Earthwork and Grading LS 1 $30,000.00 $30,000.00
4 Irrigation Sleeves LF 250 $200.00 $50,000.00
5 Concrete Mow Curb (9" Width) LF 218 $65.00 $14,170.00 6 4" Concrete Flatwork - Natural SF 3448 $30.00 $103,440.00 7 4" Concrete Flatwork - Harvest Gold SF 2147 $33.00 $70,851.00 8 4" Concrete Flatwork - Adobe SF 1100 $33.00 $36,300.00 9 6" Concrete Flatwork - Natural SF 1515 $39.00 $59,085.00 10 6" Concrete Flatwork - Natural (Maintenance SF 4477 $39.00 $174,603.00 Pathway)
11 Stairs with Handrails LS 1 $5,000.00 $5,000.00
12 Concrete Steps at Rubber Surfacing LF 44 $800.00 $35,200.00 13 Monolithic Play Edge LF 176 $75.00 $13,200.00
Subtotal: $626,849.00
Percent From Engineer's Estimate: 37.42%
Bid Alternate 1
101 Sport Field Netting LS 1 $30,000.00 $30,000.00
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102 30' Tall Pole EA 5 $7,000.00 $35,000.00
103 Savanna Safari Fencing LF 209 $140.00 $29,260.00
104 Drinking Fountain EA 1 $10,000.00 $10,000.00
Subtotal: $104,260.00
Bid Alternate 2
201 4' Montage II Gate LS 1 $7,500.00 $7,500.00
202 4' Montage II Double Swing Gate LS 1 $6,700.00 $6,700.00 203 4' Montage II Fence LF 902 $175.00 $157,850.00
204 Concrete Mow Curb (12" Width) at 4' LF 902 $65.00 $58,630.00 Montage II Fence
Subtotal: $230,680.00
Bid Alternate 3
301 Trash / Recycling Receptables EA 6 $4,500.00 $27,000.00 302 Picnic Tables EA 1 $4,000.00 $4,000.00
303 ADA Picnic Tables EA 3 $5,000.00 $15,000.00
Subtotal: $46,000.00
Total: $1,007,789.00
Engineer's Estimate
Base Bid
1 Water Pollution Control Plan (WPCP) LS 1 $2,500.00 $2,500.00 2 Clearing and Grubbing LS 1 $100,000.00 $100,000.00
3 Earthwork and Grading LS 1 $50,000.00 $50,000.00
4 Irrigation Sleeves LF 250 $4.00 $1,000.00
5 Concrete Mow Curb (9" Width) LF 218 $25.00 $5,450.00
6 4" Concrete Flatwork - Natural SF 3448 $18.00 $62,064.00 7 4" Concrete Flatwork - Harvest Gold SF 2147 $20.00 $42,940.00 8 4" Concrete Flatwork - Adobe SF 1100 $20.00 $22,000.00 9 6" Concrete Flatwork - Natural SF 1515 $22.00 $33,330.00 10 6" Concrete Flatwork - Natural (Maintenance SF 4477 $25.00 $111,925.00 Pathway)
11 Stairs with Handrails LS 1 $10,000.00 $10,000.00
12 Concrete Steps at Rubber Surfacing LF 44 $200.00 $8,800.00 13 Monolithic Play Edge LF 176 $35.00 $6,160.00
Subtotal: $456,169.00
Bid Alternate 1
101 Sport Field Netting LS 1 $50,000.00 $50,000.00
102 30' Tall Pole EA 5 $3,000.00 $15,000.00
103 Savanna Safari Fencing LF 209 $150.00 $31,350.00
104 Drinking Fountain EA 1 $10,000.00 $10,000.00
Subtotal: $106,350.00
Bid Alternate 2
201 4' Montage II Gate LS 1 $5,000.00 $5,000.00
202 4' Montage II Double Swing Gate LS 1 $10,000.00 $10,000.00 203 4' Montage II Fence LF 902 $200.00 $180,400.00
204 Concrete Mow Curb (12" Width) at 4' LF 902 $30.00 $27,060.00 Montage II Fence
Subtotal: $222,460.00
Bid Alternate 3
301 Trash / Recycling Receptables EA 6 $3,000.00 $18,000.00 302 Picnic Tables EA 1 $3,000.00 $3,000.00
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303 ADA Picnic Tables EA 3 $3,000.00 $9,000.00
Subtotal: $30,000.00
Total: $814,979.00
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